Legal Definitions - reo absente

Reo absente is a Latin legal phrase that translates to "the defendant being absent" or "in the absence of the defendant." It describes situations where a person accused of a crime or involved in a civil lawsuit is not present in court when a legal proceeding or decision occurs.

• Example 1: Failure to Appear for a Hearing

  Imagine a person charged with a minor traffic violation, such as speeding, who receives a summons to appear in court. If they fail to show up on the scheduled date, the judge might proceed with the case or issue a warrant for their arrest. This action would be taken reo absente, meaning in the absence of the defendant.

  This illustrates "reo absente" because the legal process (the court hearing) moved forward despite the defendant's non-attendance, leading to potential consequences for their absence.

• Example 2: Default Judgment in a Civil Case

  Consider a scenario where a landlord sues a former tenant for unpaid rent and damages. The tenant is properly served with the lawsuit papers but never files a response with the court. After a specified period, the landlord can ask the court for a "default judgment," which means the court rules in the landlord's favor because the tenant failed to participate. This judgment is granted reo absente.

  Here, "reo absente" applies because the defendant (the tenant) was absent from the legal proceedings by failing to respond to the lawsuit, allowing the court to make a decision without their direct involvement.

• Example 3: Trial in Absentia

  In certain serious criminal cases, if a defendant voluntarily flees or becomes unavailable after their trial has already begun, some legal systems allow the trial to continue and a verdict to be rendered without the defendant physically present in the courtroom. Such a trial is conducted reo absente.

  This example demonstrates "reo absente" because the entire trial process, including the presentation of evidence and the rendering of a verdict, occurred despite the defendant's physical absence from the courtroom.