Also known as: adversary proceeding · adversary-proceeding · adversarial proceeding · adversarial proceedings
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A stage of prosecution that begins with the initiation of formal charges. At this point certain identification procedures become critical stages requiring the presence of counsel under the Sixth Amendment.
A stage of prosecution that begins with the initiation of formal charges. At this point certain identification procedures become critical stages requiring the presence of counsel under the Sixth Amendment.
Select any source to read its text and confirm it supports the definition.
A separate lawsuit filed within a bankruptcy case that requires a complaint and answer. It is distinct from contested matters and the main bankruptcy case itself.
Select any source to read its text and confirm it supports the definition.
A separate lawsuit filed within a bankruptcy case that requires a complaint and answer. It is distinct from contested matters and the main bankruptcy case itself.
Each sense below has its own examples, sources, and questions.
After formal charges were filed against Anthony Arnold for robbery, police arranged a lineup. Arnold requested counsel but none was provided. The identification occurred at this critical stage and was later suppressed because adversary proceedings had already begun.
They begin upon the initiation of formal charges. Once begun, post-charge lineups and showups become critical stages at which counsel must be present.
Supporting sources
No. A voluntary confession remains admissible if Miranda warnings were given and formal adversary proceedings have not yet begun.
Supporting sources
Audrey Ashton served as trustee of a family trust that held interests in multiple companies. One company became a defendant in an adversary proceeding pending in the bankruptcy court where Ashton sat as a judge. The rule barred her continued service in that fiduciary capacity.
An adversary proceeding is a full lawsuit commenced by complaint and answer. A contested matter is typically resolved by motion within the main bankruptcy case.
Supporting sources
No. The judge must not serve if the entity will likely become involved in adversary proceedings in the court on which the judge serves or one under its appellate jurisdiction.
Supporting sources