What is the nature of an appeal for a case that originated in a non-record court?

The nature of an appeal for a case that originated in a non-record court is characterized as de novo, meaning that it involves a new trial. This concept arises from the procedural framework of courts where certain types of cases, such as those in non-record courts, do not maintain a detailed record of evidence or testimony that courts of record do.

In a de novo review, the appellate court re-examines the facts and evidence of the case independently, as if it is being heard for the first time. This allows the parties involved to present their case anew without being restricted to the original court's findings or limitations. In non-record courts, the absence of an established record means that the appellate court must conduct a full review, effectively starting from scratch, which is precisely what a de novo appeal entails.

This approach contrasts with appeals from courts that have established records, where the appellate court typically reviews the decision based on the existing trial record rather than re-evaluating the case afresh. Hence, the de novo nature of appeals from non-record courts facilitates a more comprehensive re-evaluation of the facts of a case.