Definition of court appearance
: the formal act of going in front of judge to have one's case decided One man has been convicted of the
crime, and two others are awaiting court appearances.
Filing an appearance means that an attorney submits an appearance form to the Court indicating that he
or she will be representing an individual at Court concerning a particular matter.
Appearance
A coming into court by a party to a suit, either in person or through an attorney, whether as plaintiff or
defendant. The formal proceeding by which a defendant submits to the jurisdiction of the court. The
voluntary submission to a court's jurisdiction.
In a criminal prosecution, an appearance is the initial court proceeding in which a defendant is first
brought before a judge. The conduct of an appearance is governed by state and federal rules of Criminal
Procedure. The rules vary from state to state, but they are generally consistent. During an appearance,
the judge advises the defendant of the charges and of the defendant's rights, considers bail or other
conditions of release, and schedules a Preliminary Hearing. If the crime charged is a misdemeanor, the
defendant may sometimes, depending on the local rules of court, enter a plea of guilty or not guilty at
the initial appearance; if the crime is a felony, the defendant usually enters the plea at a later court
proceeding. A criminal defendant may have an attorney present and may confer with the attorney
during the appearance.
. A subpoena is an order issued by the court. The subpoena usually requires you to appear at a certain
place, date, and time to testify as a witness about a particular case. In a criminal case, you can be
subpoenaed only to testify in court. In a civil case, you may be subpoenaed for out-of-court testimony as
well. In either kind of case, a subpoena may order you to provide documents.
A subpoena must be delivered in person. In most cases this can be done by one of the parties in the case
or by anyone who is at least 18 years old.
If you are not one of the parties in the case, you should receive an attendance fee and transportation
costs for appearing at the designated time and place. In a civil case, you should receive the attendance
fee and transportation costs by the person who delivers the subpoena. In a criminal case, you will be
paid after you travel to the designated place and testify as a witness.
Read the subpoena carefully. The subpoena will tell you: the names of the parties; the date, time and
place you will need to appear; the name of the lawyer who issued the subpoena; and the location and
type of court in which the case is taking place.
If the subpoena requires you to bring certain documents or other objects, they should be described in
the subpoena or in a separate paper given to you along with the subpoena.
You may object to any subpoena. Object in writing, listing all the reasons you think it is unfair or unjust
for you to appear or to produce the requested documents or objects. You should file any objections with
the court immediately, not on the date you are required to appear or provide the documents. You may
want to consult with a lawyer to make sure that your objections are filed correctly and on time.
A subpoena will also require that you remain at the place described until the testimony is closed, unless
the judge excuses you. But you should contact the lawyer for the party who subpoenaed you to find out
if you may be called the next day, or on a day in the future. This may help to prevent confusion or
unnecessary time spent waiting.
If you do not appear as the subpoena orders, a judge may find you in contempt of court. Contempt of
court may result in a jail term. The court may also order you to pay fees to the parties who may have
been damaged by your failure to appear. The court may also issue a warrant for your arrest. The sheriff
may take you into custody and bring you to the place where your testimony is required.
If it is impossible or extremely difficult for you to appear as required by the subpoena, call the lawyer for
the party who issued the subpoena. Usually, the lawyer’s name, address and phone number will appear
on the subpoena. The lawyer might be able to postpone your testimony so you could testify at another
time. But you should keep in mind that the lawyer may not be able to change the date and time of your
appearance if a court date is already set and cannot be moved. If it is absolutely impossible for you to
appear, or if it would be seriously harmful to your health or business, you should seek the advice of your
own lawyer.
