Legally, that would known as having an 'ex-parte' discussion. It means a private discussion without the opposing side being there. In New York, the answer is absolutely "No." Anytime your case is scheduled for a conference, either a status conference, a settlement conference or anything where all attorneys on your case must appear in court, if one side shows up and the …
objection - A protest by an attorney, challenging a statement or question made at trial. Common objections include an attorney “leading the witness” or a witness making a statement that is hearsay. Once an objection is made, the judge must decide whether to …
Apr 20, 2022 · The term "your honor" is a shortened way to address "the honorable Judge Smith" from that point on in the proceedings. Throughout a court proceeding, many participants in the case may have the opportunity to address the judge and all should refer to him or her as "your honor." When an attorney speaks directly to the judge, he or she always ...
Jan 29, 2014 · For example, counsel may want to ask the court about how juries lately are handling such cases, what verdicts are being returned, etc. Yes, occasionally it could be a discussion about how a certain occupation or demeanor may play to a local jury. One retired judge I know would like to talk about what he called "local legal culture."
chief judge - The judge who has primary responsibility for the administration of a court. The chief judge also decides cases, and the choice of chief judges is determined by seniority. circumstantial evidence - All evidence that is not direct evidence (such as eyewitness testimony).
To make such a request is "to appeal" or "to take an appeal.". Both the plaintiff and the defendant can appeal, and the party doing so is called the appellant. Appeals can be made for a variety of reasons including improper procedure and asking the court to change its interpretation of the law.
affidavit - A written statement of facts confirmed by the oath of the party making it. Affidavits must be notarized or administered by an officer of the court with such authority. affirmed - Judgment by appellate courts where the decree or order is declared valid and will stand as decided in the lower court.
appeal - A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal.". Both the plaintiff and the defendant can appeal, and the party doing so is called the appellant.
appellate - About appeals; an appellate court has the power to review the judgment of another lower court or tribunal. arraignment - A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
arraignment - A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty. arrest warrant - A written order directing the arrest of a party. Arrest warrants are issued by a judge after a showing of probable cause.
bench trial - Trial without a jury in which a judge decides the facts. In a jury trial, the jury decides the facts. Defendants will occasionally waive the right to a jury trial and choose to have a bench trial. beyond a reasonable doubt - Standard required to convict a criminal defendant of a crime. The prosecution must prove the guilt so that ...
Recusal: A recusal is the voluntary action by a judge or prosecutor to remove themselves from presiding in a case. Recusals are often based on things like bias, conflict of interest or prejudice—for example, a state prosecutor may choose to recuse from a proceeding if the case is against their former employer.
Case law is a way of citing legal precedent. Civil case vs. criminal case: The most commonly cited distinction between civil and criminal cases is that the latter are generally offenses ...
Cause of action: The cause of action refers to the reason for which a plaintiff has filed a complaint or suit against someone. Deposition: A deposition is the testimony of a witness other than in open court—often in the form of an oral statement made before an officer who is authorized to administer oaths.
Grand jury: A grand jury consists of 16–23 citizens who, upon listening to evidence presented by prosecutors, determine whether there is probable cause to believe the accused party committed an offense. The decision of a grand jury will determine if a case will be brought to trial.
Mens rea: A term that literally means “guilty mind” in Latin, mens rea is used to describe the criminal intent of an individual when committing a crime, otherwise known as criminal responsibility. Pretrial hearing: After an arraignment has been completed, the defendant will return to court for a pretrial hearing.
summons: While both entail a requirement for the recipient to appear in court, a subpoena is a process that directs a witness to give testimony or submit evidence, while a summons is a document that orders a person to appear before the court in response to a complaint.
Affidavit: A term you’ve likely heard referenced often, an affidavit is simply a written or printed statement made under oath.
If a judge is biased or prejudiced for or against a party or attorney, he cannot be fair and impartial in deciding the case. A party or attorney who believes such bias or prejudice exists must prove it with admissible evidence, and cannot base this belief on mere suspicion.
Even a judge who is not serving as the finder of fact (i.e., when the case is to be decided by a jury) cannot be fair and impartial if he or she has personal knowledge of disputed facts, because the judge's evidentiary rulings (in pleadings and motions made by the parties) may be influenced by that knowledge.
In many jurisdictions, including the U.S., judges are a subset of lawyers, because almost all judges are required to be lawyers. In English law, a title of dignity next above gentleman, and below knight. Also a title of office given to sheriffs, serjeants [sic], and barristers at law, justices of the peace, and others.
The phrase officer of the court means (according to dictionary.law.com) any person who has an obligation to promote justice and effective operation of the judicial system , including judges, the attorneys who appear in court, bailiffs, clerks and other personnel.
As officers of the court lawyers have an absolute ethical duty to tell judges the truth, including avoiding dishonesty or evasion about reasons the attorney or his/her client is not appearing, the location of documents and other matters related to conduct of the courts.