Also known as: adversarial proceedings · adversary proceeding · adversary proceedings
Written by attorneys · grounded in primary & secondary sources — see below
A contested judicial proceeding in which opposing parties present arguments and evidence before a neutral decisionmaker. The initiation of such proceedings marks the point at which certain constitutional protections attach in criminal cases and triggers specific ethical constraints on judicial and lawyer conduct in civil and bankruptcy matters.
Andre Antoine is arrested and formally charged with robbery. Police then arrange a lineup at which the victim identifies him. Because adversarial proceedings have begun, Andre has a right to counsel at the lineup. The identification is later challenged on Sixth Amendment grounds.
Judge Angela Acosta serves as trustee of a family trust. The trust later becomes a party to a contested bankruptcy matter pending in her court. The judge must resign the fiduciary position because the trust is now engaged in adversary proceedings before the court on which she serves.
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Adversarial proceedings begin upon formal charge, indictment, or other initiation of prosecution. Once begun, post-charge lineups and showups become critical stages at which the suspect has a right to counsel.
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A voluntary confession remains admissible after proper Miranda warnings even if police mislead the suspect's lawyer, provided formal adversary proceedings have not yet begun and the waiver is knowing and voluntary.
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A judge may not serve in a fiduciary position if the estate or trust becomes involved in adversary proceedings in the court on which the judge serves or in a court subject to its appellate jurisdiction.
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