Also known as: trials · hearing · proceeding
Written by attorneys · grounded in primary & secondary sources — see below
A formal judicial examination of evidence and determination of legal claims in an adversary proceeding.
Tessa Takahashi held a mortgage on property owned by Travis Tate. When Tundra Resources as mortgagee filed a foreclosure action, it omitted junior lienholder Titan Industries from the complaint and provided no notice of the proceeding. The court later set aside the sale because the omitted party had not received the required notice.
Tobias Thomas faced criminal charges in federal court. His lawyer moved to dismiss after eighteen months passed without a trial date, citing the delay's effect on witness availability. The court granted the motion because the prosecution had not justified the prolonged postponement.
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Tabitha Taylor sued Trailblazer Airlines after a flight cancellation. At trial she asked the court to notice that the airline's hub city had experienced a major storm on the departure date. The judge took notice because the weather event was generally known within the district.
Tonya Takahashi was acquitted of conspiracy to distribute controlled substances. Prosecutors later charged her with a completed distribution offense arising from the same course of conduct. The court dismissed the new indictment because the second offense had not been consummated when the first trial began.
Judge Tiffany Torres spoke at a bar association luncheon about an impending commercial dispute involving True North Logistics. She remarked that the company's practices appeared questionable. Defense counsel moved to recuse her because the comments could reasonably affect the fairness of the upcoming trial.
After leaving the bench, Tobias Thomas sought to represent Titan Industries in a contract dispute. He had presided over the same matter as a judge and participated substantially in pretrial rulings. The court disqualified him because the opposing party refused to give written consent.
The mortgagee typically serves as plaintiff. The mortgagor and any junior lienholders, tenants, or other interest holders are necessary parties who must receive notice. Failure to join them can invalidate the sale or prevent extinguishment of their interests.
The Sixth Amendment requires that in all criminal prosecutions the accused enjoy the right to a speedy and public trial by an impartial jury of the state and district where the crime occurred, along with rights to notice, confrontation, compulsory process, and counsel.
A court may notice a fact that is generally known within its territorial jurisdiction or that can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.
A later prosecution is barred when it rests on the same conduct unless the second offense was not consummated when the first trial began or each offense requires proof of a fact the other does not.
A judge must not make any public statement that might reasonably be expected to affect the outcome or impair the fairness of a pending or impending matter.
A lawyer who participated personally and substantially as a judge or adjudicative officer may not represent anyone in connection with that matter unless all parties give informed consent confirmed in writing.
…Circuit. That court ordered the appeals held in abeyance pending decision here. We postponed decision on jurisdiction to the hearing on the merits. 402 U. S. 941 (1971). III It might have been preferable if the defendant, pursuant to our Rule 20, had presented to us a petition for certiorari before judgment in the…