Definition
A fee that the client pays upfront to an attorney before the attorney has begun work for the client.
There are three types of retainers, each with a different purpose:
(1) A general retainer, which is a fee for a specific period of time rather than for a specific project. While no specific representation is contemplated, the client pays for the attorney’s availability during the time specified.
See: res judicata
Definition
When a case is appealed to a higher court, the written legal argument of the respondent (the party who won in trial court), submitted in answer to the "opening brief" of an appellant (the party who lost at trial and has appealed to the appellate court).
Conducting a hearing again based on the motion of one of the parties to a lawsuit, petition, or criminal prosecution, usually by the court or agency which originally heard the matter. Rehearings are usually requested due to newly discovered evidence, an unfortunate and possibly unintended result of the original order, a change of circumstance, or a simple claim that the judge or agency was just wrong.
Also known as "reverse Jencks material," (named after the U.S. Supreme Court decision that established the principle, Jencks v. United States), the duty of the defense to give the prosecution copies of any pretrial statements that a defense witness may have given. The prosecution has a similar duty, to supply the defense with any written or recorded pretrial statement that the defendant may have given. (See also: Brady material)
A break in a trial or other court proceedings or a legislative session until a date and time certain. Recess is not to be confused with adjournment, which winds up the proceedings.
1) In a lawsuit, a neutral person (often a professional trustee) appointed by a judge to take charge of the property and business of a party to the lawsuit, and receive the rents and profits due to the party, while the lawsuit is being decided. A receiver is appointed if requested by the other party to the suit and if there is a strong showing that the property would not be available when the lawsuit concludes. 2) In debt and bankruptcy law, a person appointed to receive rents and profits coming to a debtor either while a bankruptcy is being processed or while an arrangement is being worked out to pay creditors. 3) In criminal law, shorthand for one who commits the crime of receiving stolen goods knowing they were obtained illegally.
Definition
To offer or present for immediate acceptance or rejection, usually evidence at trial.
Definition
A jail or correctional facility that confines convicted criminals for an extended period of time.
