What is the standard of review on a motion for summary judgment?

The standard of review on a motion for summary judgment in Delaware is de novo. De novo is a Latin term meaning “anew.” That means the appellate court looks at the motion for summary judgment as if it were the first court hearing the motion. The appellate court does not weigh the evidence that was presented to the trial court and makes its own independent decision about whether summary judgment should be granted. When an appellate court makes a de novo review of the motion for summary judgment it considers all evidence submitted by the parties. The appellate court looks at the evidence presented by the parties and makes its own decision as to whether the evidence supports a motion for summary judgment. The appellate court is not bound by the trial court’s decision and can make its own ruling either way. The standard of review on a motion for summary judgment in Delaware is de novo. This means that the appellate court looks at all the evidence presented and makes its own independent decision as to whether or not summary judgment should be granted. As long as there are no errors of law or fact, the appellate court’s decision will be the final decision on the motion for summary judgment.

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What is the standard of review on a motion for summary judgment?

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