What type of evidence is considered in a 'de novo' appeal?

In a 'de novo' appeal, the court reviews the case from the beginning, as if the original trial never happened. This means that all aspects of the case can be reconsidered and new evidence may be presented. The essence of a de novo review is to allow for a fresh evaluation of both the law and the facts in light of any new information, which can include witnesses, documents, or any pertinent material that was not considered in the original trial.

The significance of being able to present new evidence is particularly relevant, as it can lead to different conclusions regarding the facts or the application of the law. This reexamination allows the appellate court to fully assess the case without being bound by prior rulings or limitations imposed by the original trial court.

In contrast, the other options focus on restricting the evidence or evaluation to what was previously considered, which does not align with the purpose of a de novo appeal. The ability to introduce new evidence distinguishes de novo appeals from other forms of appellate review, where courts typically focus on legal and procedural errors made in the original trial rather than reassessing the factual findings.