What is meant by 'Trial de novo'?

'Trial de novo' refers to a new trial conducted in a higher court, specifically when a case is appealed from a lower court. In this context, it is a legal term that indicates that the higher court will re-examine the facts and law of the case, thus allowing the parties involved an opportunity to present their case again, as if for the first time. This can often occur when the lower court's decision is challenged due to perceived errors or issues with the initial proceedings. The significance of a trial de novo is that it does not simply review the lower court's decision; instead, it allows for a fresh evaluation and determination of the case.

This concept is particularly relevant in jurisdictions where certain cases, such as small claims or specific civil matters, can be appealed to a higher court for a full re-trial. This ensures that parties have access to justice and can seek a revised outcome based on all relevant evidence, thereby upholding the integrity of the judicial process.

Other options do not accurately reflect the meaning of 'trial de novo.' For instance, a retrial in the same court would not involve a higher court's jurisdiction; a summary judgment without a hearing implies a decision made based on written evidence and does not represent the opportunity