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Legal Definitions - appear
Definition of appear
In legal terms, to "appear" means for an individual or their authorized representative, such as an attorney, to formally present themselves before a court or other legal authority in connection with a specific legal proceeding. This presentation signifies their official involvement and readiness to participate in the legal process. Depending on the court's rules and available technology, an appearance can be made physically in the courtroom or remotely through virtual means like video conferencing.
Here are some examples illustrating the use of "appear" in a legal context:
- Example 1: A Defendant's Arraignment
After being charged with a misdemeanor, Ms. Chen received a summons instructing her to appear in municipal court on a specific date for her arraignment. During this hearing, she would formally enter a plea to the charges against her.
This illustrates "appear" because Ms. Chen is legally required to present herself before the court to address the charges and participate in the initial stage of her criminal case.
- Example 2: An Attorney Representing a Client
During a complex business dispute, the attorney for ABC Corporation had to appear at a virtual hearing to argue a motion regarding the discovery of certain financial documents. The judge presided over the hearing via video conference, and all parties participated from their respective offices.
Here, "appear" refers to the attorney formally presenting themselves on behalf of their client, ABC Corporation, to engage in a specific legal argument before the court, even though it was conducted remotely.
- Example 3: A Subpoenaed Witness
In a personal injury lawsuit, a bystander who witnessed the accident was issued a subpoena compelling them to appear in court to provide testimony. The subpoena specified the date and time they were required to be present to give their account of the events under oath.
This example demonstrates "appear" as the witness is legally obligated to present themselves at the courthouse to offer evidence crucial to the case, fulfilling their duty as a subpoenaed individual.
Simple Definition
To "appear" means for a party to formally present themselves or be represented in a legal proceeding, such as a trial or hearing. This can occur either in person or, when allowed by the court, virtually. It signifies their official presence and participation in the case.