Legal Definitions - in absentia

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.