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Regarding a court below in an appeal, either a court of first instance or an appellate court, known as the court a quo. / ˌ eɪ ˈ k w oʊ / ab extra: from outside Concerning a case, a person may have received some funding from a 3rd party. This funding may have been considered ab extra. / ˌ æ b ˈ ɛ k s t r ə / ab initio: from the beginning
The obligation of the individual to attend the court as a witness is enforced by a process of the court, particular process being the subpoena ad testificandum, commonly called the subpoena in the United States. This writ, or form, commands the witness, under penalty, to appear at a trial to give testimony.
The term subpoena duces tecum is used in the United States, and some other common law jurisdictions such as South Africa and Canada. The summons is called a "subpoena for production of evidence" in some U.S. states that have sought to reduce the use of non-English words and phrases in court terminology.
In New South Wales, a court may set aside the whole, or part, of a subpoena on the basis that it is a "fishing expedition".In Lowery v Insurance Australia Ltd, the NSW Court of Appeal held that where documents requested in the schedule of a subpoena are deemed to have no relevance to the proceedings in dispute, the subpoena may be set aside as it has no legitimate forensic purpose.
[13] However, some courts continue to apply the doctrine to discredit witnesses that have previously offered false testimony. [14] In 2013, for example, the United States Court of Appeals for the Ninth Circuit held that in immigration cases, a court may "use an adverse credibility finding on one claim to support an adverse finding on another ...
A. Ab initio; Abjuration; Accessio (Roman law) Actio Pauliana; Actio personalis moritur cum persona; Actus reus; Ad colligenda bona; Ad idem; Ad litem; Ad quod damnum
As the subject matter of the voir dire often relates to evidence, competence or other matters that may lead to bias on behalf of the jury, the jury may be removed from the court for the voir dire. Under Scots law, jury selection is random, and there are a few well-defined exclusions in criminal trials. [6] In Canada, the case of Erven v.
In the context of American law, a proceeding de bene esse is one "which [is] taken ex parte or provisionally and [is] allowed to stand as well done for the present." [3] A deposition that is used or intended to be used in place of a witness' live testimony in court is referred to as a de bene esse deposition.