What happens in a case of trial de novo at an appellate level?

In a situation where trial de novo is declared at the appellate level, it signifies that the appellate court is conducting a new trial as if the original trial had never occurred. This means that all aspects of the case, including the evidence and testimonies, are re-evaluated from the beginning, allowing both parties to present their arguments anew.

This approach is usually taken to ensure a comprehensive review of the case, providing an opportunity for new evidence to be considered or for the case to be heard with fresh perspectives that may not have been fully explored in the lower court. Trial de novo is often applied in cases where the original court did not provide the expected level of due process or if there were substantial legal errors that could affect the outcome of the case.

The other options reflect scenarios that do not align with the procedural intentions behind a trial de novo. Dismissing the case or automatically upholding a lower court's ruling would not allow for the re-examination of the case. Referring the case to higher authorities also implies a different procedural action not characteristic of a trial de novo, which is fundamentally about revisiting the legal proceedings at the same level of court.