De Novo Review

Definition

De novo review ("anew") is a standard of appellate review in which the reviewing court gives no deference to the lower court's decision and examines the issue from scratch. It applies to questions of law, including the interpretation of statutes, contracts, and constitutional provisions. Under de novo review, the appellate court is free to reach its own conclusions. By contrast, findings of fact are typically reviewed for clear error, and discretionary decisions for abuse of discretion.

Example

A trial court grants a motion to dismiss for failure to state a claim. On appeal, the reviewing court applies de novo review because the issue is a pure question of law.