In open court
Encyclopedia
In open court is a legal term in the United States
defined by the appearance by a party or their attorney
in a public court
session such as during a trial
. Normally, the public may be present at trials, hearings and similar routine matters.
:
In the United States
, the constitution
guarantees criminal
defendants the right to a "public and speedy trial" under the Sixth
and the Fourteenth Amendments
. The Sixth Amendment also grants the defendant the right to appear on his or her own behalf.
s, such as the New York Surrogate's Court
, Probate Court, Family court
, juvenile court
, or widow's and orphan's court do not normally hold sessions in open court.
Appearance in open court is distinguished from an appearance in a judge's chambers
.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
defined by the appearance by a party or their attorney
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
in a public court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
session such as during a trial
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...
. Normally, the public may be present at trials, hearings and similar routine matters.
United States constitutional law
Under Article III, Section 3 of the United States ConstitutionUnited States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
:
In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
guarantees criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
defendants the right to a "public and speedy trial" under the Sixth
Sixth Amendment to the United States Constitution
The Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...
and the Fourteenth Amendments
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
. The Sixth Amendment also grants the defendant the right to appear on his or her own behalf.
Distinguishing rules
Many courts dealing with children or minorMinor (law)
In law, a minor is a person under a certain age — the age of majority — which legally demarcates childhood from adulthood; the age depends upon jurisdiction and application, but is typically 18...
s, such as the New York Surrogate's Court
New York Surrogate's Court
The Surrogate's Court handles all probate and estate proceedings in the state of New York. All wills are probated in this court and all estates of people who die without a will are handled in this court...
, Probate Court, Family court
Family court
A family court is a court convened to decide matters and make orders in relation to family law, such as custody of children. In common-law jurisdictions "family courts" are statutory creations primarily dealing with equitable matters devolved from a court of inherent jurisdiction, such as a...
, juvenile court
Juvenile court
A juvenile court is a tribunal having special authority to try and pass judgments for crimes committed by children or adolescents who have not attained the age of majority...
, or widow's and orphan's court do not normally hold sessions in open court.
Appearance in open court is distinguished from an appearance in a judge's chambers
Chambers (law)
A judge's chambers, often just called his or her chambers, is the office of a judge.Chambers may also refer to the type of courtroom where motions related to matter of procedure are heard.- United Kingdom and Commonwealth :...
.
See also
- AdmissionAdmission (law)An admission in the law of evidence is a prior statement by an adverse party which can be admitted into evidence over a hearsay objection. In general, admissions are admissible in criminal and civil cases.At common law, admissions were admissible...
- ConfessionConfessionThis article is for the religious practice of confessing one's sins.Confession is the acknowledgment of sin or wrongs...
- JurisdictionJurisdictionJurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
- Settlement conferenceSettlement conferenceA settlement conference is a meeting between opposing sides of a lawsuit at which the parties attempt to reach a mutually agreeable resolution of their dispute without having to proceed to a trial. Such a conference may be initiated through either party, usually by the conveyance of a settlement...