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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.1
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In Constitutional law
Under Article III, Section 3 of the United States Constitution:
No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court
—U.S. Const., Art. III, § 3 (emphasis added).2
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.
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.citation needed
Appearance in open court is distinguished from an appearance in a judge's chambers.3
See also
References
- ^ Legal dictionary
- ^ Wikisource of Article III.
- ^ Ballentine's Law Dictionary, p. 378
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- This page was last modified on 3 November 2008, at 02:43.
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