Appeal - de Novo Vs. On The Record

De Novo Vs. On The Record

Very broadly speaking there are appeals on the record and de novo appeals. In de novo appeals, the new decision maker re-hears the case without any reference to the rulings of the prior decision maker, or limits on the evidence presented. In appeals on the record, the decision of the prior decision maker is challenged by arguing that he, she or they misapplied the law, came to an incorrect factual finding, acted in excess of his jurisdiction, abused discretionary powers, was biased, considered evidence which should not have been considered, or failed to consider evidence that should have been considered.