Legal Definitions - apud judicem

The Latin legal phrase apud judicem translates to "before the judge" or "in the presence of the judge." It refers to any action, statement, or argument that is formally presented to a judge during an ongoing legal proceeding within the courtroom setting. This term emphasizes that something is occurring directly under the judge's authority and observation, as opposed to discussions or preparations that happen outside of court.

• Example 1: Oral Arguments on a Motion

  During a civil case, a plaintiff's attorney presents an oral argument to the judge, asking the court to dismiss a counterclaim filed by the defendant. The attorney stands at the podium, directly addressing the judge, citing legal precedents and explaining why the counterclaim lacks merit.

  This situation illustrates apud judicem because the attorney's arguments are being made formally and directly to the judge in the courtroom. It is a direct appeal to the court's authority for a ruling on a specific legal issue.

• Example 2: Witness Testimony in a Trial

  In a criminal trial, a police officer takes the witness stand and testifies about the evidence collected at a crime scene. The officer answers questions from both the prosecutor and the defense attorney, all while under oath and in full view of the presiding judge.

  Here, the officer's testimony is given apud judicem. Their statements are presented as evidence directly to the court, for the judge (and jury, if applicable) to consider in determining the facts of the case.

• Example 3: Defendant Entering a Plea

  A defendant, accused of a misdemeanor, appears in court for their arraignment. When asked by the judge how they plead to the charges, the defendant formally states, "Not guilty."

  The defendant's declaration of "Not guilty" is made apud judicem. This is a critical, formal statement made directly to the judge, which officially sets the course for the remainder of the legal proceedings.