De Novo Review

De novo means "anew."  Black's Law Dictionary, 8th Ed. (Bryan A. Garner, ed. 2004).  We have explained that "the word 'anew' means anew, de novo, from start to finish,--from beginning to end."  White Sulphur Springs v. Voise, 136 Mont. 1, 5, 343 P.2d 855, 857 (1959).  For instance, a trial de novo means "trying the matter anew, the same as if it had not been heard before and as if no decision had previously been rendered."  McDunn v. Arnold, 2013 MT 138, ¶ 22, 370 Mont. 270, 303 P.3d 1279.  In de novo review, the Supreme Court independently reviews the record, using the same criteria used by the district court, to determine whether judgment is appropriate.  Siebken v. Voderberg, 2012 MT 291, ¶ 20, 367 Mont. 344, 291 P.3d 572.  The court is "not required to affirm simply because the [lower court's application]…was not unreasonable or arbitrary… the issue is not whether the [lower court]…had some reasonable basis for its conclusion…but whether, in view of the findings of fact, this Court agrees that the conclusion was the most appropriate application of the statute to the facts."  Anderson v. Carlsons Transp., 178 Mont. 290, 293, 583 P.2d 440, 443 (1978).  Further, "an appellate court is not bound by the findings of the trial court, but is free to draw its own conclusions from the evidence presented."  Sharp v. Hoerner Waldorf Corp., 178 Mont. 419, 423, 584 P.2d 1298, 1300 (1978).  De novo review is appropriately applied to questions of law, where no deference is given to the trial court's determination because the trial court's decision does not hinge on an exercise of the court's discretion.  Costco Wholesale, ¶ 19.

In de novo review of agency proceedings, the appellate court's review consists of considering whether the agency "erred in law or whether its decision is wholly unsupported by the evidence or clearly arbitrary or capricious."  Winchell v. Mont. Dep't of Natural Resources & Conservation, 1999 MT 11, ¶ 11, 293 Mont. 89, 972 P.2d 1132.