In open court

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.

United States constitutional law

Under Article III, Section 3 of the United States Constitution:

In the United States, the constitution guarantees criminal defendants the right to a "speedy and public 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 requiring leave of the Court in complex criminal cases, and standby counsel may still be required by the judge.

Distinguishing rules

Many courts dealing with children or minors, 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.

Court

A court is a tribunal, often as 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. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all persons have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court.

The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large buildings in cities.

The practical authority given to the court is known as its jurisdiction (Latin jus dicere) – the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone's Commentaries on the Laws of England, a court is constituted by a minimum of three parties: the actor or plaintiff, who complains of an injury done; the reus or defendant, who is called upon to make satisfaction for it, and the judex or judicial power, which is to examine the truth of the fact, to determine the law arising upon that fact, and, if any injury appears to have been done, to ascertain and by its officers to apply a legal remedy. It is also usual in the superior courts to have barristers, and attorneys or counsel, as assistants, though, often, courts consist of additional barristers, bailiffs, reporters, and perhaps a jury.

Open

O or OPEN may refer to:

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