What is meant by trial de novo?

• A. A retrial at a higher level as if new with no prior record.
• B. A review for legal errors only on the existing record.
• C. A remand to the original trial court for new evidence.
• D. An appellate decision based solely on briefs.

Answer: (A)

Trial de novo means a fresh trial at a higher level, conducted as if no previous trial had occurred. The case is re heard from the beginning, with the opportunity to present new testimony and new evidence, and the higher court does not defer to the prior findings. This is different from simply reviewing the record for legal errors, which wouldn’t involve a new trial. It’s also not just remanding for new evidence or deciding based only on briefs, which would not be a full new trial. The essence is starting the case over as if new, at a higher level of review.