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LSDefine
Simple English definitions for legal terms
in absentia
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A quick definition of in absentia:
In absentia means that something is happening without someone being there. For example, a trial can be held in absentia if the person being accused is not present. This means that the trial can still happen if the accused person agrees to it and knows what is happening.
A more thorough explanation:
in absentia
In-absentia means "in absence" in Latin. It is used to describe a trial that is held without the presence of the accused. For example, if someone is on trial but does not show up, the trial may proceed without them. However, the accused must knowingly and voluntarily waive their right to be present for the trial.
1. The defendant failed to appear in court, so the trial proceeded in absentia.
2. The judge allowed the trial to continue in absentia because the defendant had signed a waiver of their right to be present.
These examples illustrate how a trial can proceed without the presence of the accused if they have waived their right to be present. The term "in absentia" is used to describe this situation.