If you have watched any legal dramas, you’ve probably heard of some of these terms. These pre-trial terms can help you understand what you’re hearing in the courtroom.
Pre-Trial Hearing
Before a court trial, a preliminary hearing must be held. These hearings determine whether the case will proceed to trial or to an alternative resolution, such as probation. In Thailand, for example, the prosecutor and the attorney in Koh Samui representing the defendant discuss any details of the case, such as the number of witnesses for each side, any special legal issues, and any substantive motions. During this hearing, the prosecutor can make offers to the defense, such as five years in prison and a year in jail. The client may prefer probation or a shorter jail sentence, but negotiations will take a long time.
During a pre-trial hearing, the defendant and his or her attorney advise the judge on whether they want to go to trial or plead no contest. The judge also hears motions on legal issues. At this stage, the defendant is often notified about changes to the court setting and the status of the case. However, defendants are not always required to attend these proceedings.
A pre-trial hearing usually occurs about a month after arraignment. Held to clarify issues and settle administrative matters prior to the trial, these hearings help both parties focus on important legal issues and reduce the burden of trial on both sides. A pre-trial hearing will give the judge the opportunity to assess the case, so that the trial can be conducted more effectively. It allows the parties to share important information and work out a settlement. This can help avoid a lengthy trial and save time and money. It also helps the judge better understand the case and establish his or her authority.
Arraignment
Arraignment is the stage of the trial when the accused is officially informed of the charges against him and given the opportunity to enter a guilty or not guilty plea. The process is also known as plea bargaining. Throughout the process, both sides of the case will exchange information.
Deposition
Deposition is a legal term that refers to an oral statement given before an oath officer. A deposition is often used to examine potential witnesses or for discovery, and it can also be used as evidence in later trials. In court, it is important to have all the facts and information before a trial.
One way to exchange information is through a deposition, which is a written statement given under oath and used as evidence during a trial. A deposition can be in the form of a written transcript or a videotape. It may be taken by either party or a witness. In either case, both sides have the right to attend and ask questions.
Discovery
Discovery is a process in which the parties to a lawsuit can obtain information relevant to the dispute. This information may include privileged or confidential information. The courts can deny requests for discovery that are based on pure speculation or information that is not directly related to the alleged claims or defenses.
Discovery is essential to a successful trial. It involves the collection of evidence, interviewing witnesses, and following official laws. Discovery is also called pretrial disclosure. After this step is complete, the defendant is informed of the charges against him. He is then asked to plead guilty or plead not guilty. If he does not comply, the judge will issue a bench warrant.
Recusal
Recusal is a legal term that refers to a judge’s voluntary disqualification from a case. It can occur for a number of reasons, including bias or conflict of interest. For example, a state prosecutor who is investigating a case against a former employer may decide to recuse himself. The purpose of recusal is to maintain a high standard of impartiality in the judicial system.
Summons
Summons refer to a legal document that informs a person that they are being sued. It gives that person notice that they are being sued and that they must appear in court to defend themselves. The document is commonly served by a process server or by a sheriff. Summons must be served properly and must follow certain rules.
While you may have heard of summons before on one of your favourite legal dramas, you may have been unable to understand what it is exactly. It’s not an order, but a legal document that can make you pay money or do something you didn’t intend to do. If you ignore a summons, you are likely to lose the case.
Mens Rea
Mens rea in courtroom terms is the legal term used to establish criminal responsibility in a criminal case. This term comes from the Latin language and literally means ‘guilty mind.’ It refers to the criminal intent and responsibility of a defendant, which is what makes a criminal act so he or she is liable for it.
A trial in a criminal court can last months, with the opening statement and closing statements stages being followed by the deliberation and sentencing phases. Understanding courtroom terms can help you follow the process.