Which aspect is essential for a successful 'de novo' appeal?

For a successful 'de novo' appeal, presenting new evidence is essential because this type of appeal is essentially a fresh review of the case. It allows the parties to introduce additional facts and information that were not included in any prior proceedings. This fresh evaluation is not constrained by earlier decisions and focuses on current facts and circumstances, which is why the adequacy of the new evidence is crucial for influencing the outcome of the appeal.

While a solid understanding of previous rulings can inform the appeal's context, it is not the primary focus of a 'de novo' appeal, which emphasizes the introduction of new information. Similarly, the presence of previous hearings does not negate the possibility of a 'de novo' appeal; rather, it is the introduction of new evidence that is critical. Lastly, decision-making by a presiding jury occurs in trial contexts and does not play a role in 'de novo' appeals where the focus is on new information rather than jury deliberations.