What does a "trial de novo" allow in the context of an appeal?

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A "trial de novo" refers to a situation where a case is retried in its entirety in a higher court, completely independent of the original court's decision. In the context of an appeal, this means that the higher court is not limited to the evidence or conclusions drawn in the original trial; instead, it can consider new evidence and evaluate the case as if it were being heard for the first time.

This allows the appellate court to have a fresh look at the facts of the case, potentially leading to a different outcome from what was originally decided. The principle underlying this approach ensures that the parties have the opportunity for a thorough examination of the issues, rather than being constrained by a previous ruling. Thus, the ability to present new evidence and the lack of obligation to adhere to the original judgment are key components of a "trial de novo."

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