De Novo
deh-NAW-voh - "anew"
De novo is used in referring to a specific type of judicial review of the issues of a given case by an independent legal authority. The term itself actually means "starting again [from the beginning]," and a de novo review by an appellate court can actually result in a retrial if it is determined that the lower court failed to make a proper determination according to the law.
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Under the normal appeals process, no new evidence may be entered. However, there are situations of a lower court ruling being overturned in which evidence relevant to the facts of the case came to light only after the trial's conclusion, and therefore could not possibly have been presented. If one or both parties can successfully prove that the judge and/or jury in the lower court failed to allow or properly interpret all available facts, the appellate judge will usually order a trial de novo, or retrial.
Rules of double jeopardy usually prevent a prosecutor from seeking the retrial of a criminal defendant except in rare cases (for instance, if it is demonstrated that the judge in the case had taken a bribe or the jury had been tampered with in some way). For similar reasons, the appellate judge alone has the right to order a retrial in a civil case.
In the U.S., a trial de novo is regulated by Rule 59 under Chapter VII of the Federal Rules of Civil Procedure. This rule states that "...a new trial may be granted to all or any of the parties and on all or part of the issues (1) in an action in which there has been a trial by jury, for any of the reasons for which new trials have heretofore been granted in actions at law in the courts of the United States; and (2) in an action tried without a jury, for any of the reasons for which rehearings have heretofore been granted in suits in equity in the courts of the United States."
Normally, the motion for a new trial must be opened within ten days of filing the judgment.