A plea is a statement made by someone accused of a crime to declare their guilt or innocence. It can also include a statement of not contesting or admitting guilt. A plea can be made as part of a negotiation with the prosecutor or voluntarily. In a civil case, a plea is a response to the accusations made by the opposing party. Additionally, a plea can be used to delay or dismiss a case based on procedural grounds. A jurisdictional plea is made when someone argues that the court does not have the authority to hear the case. On the other hand, a plea in abatement objects to the way the claim was made without disputing the claim itself.
A defendant in a criminal case makes a plea for a postponement of the trial to a later date. For instance, John, who is accused of car theft, initially pleads not guilty but later requests a plea puis darrein continuance to allow more time for gathering evidence for his defence. This example demonstrates how a defendant can utilise a plea puis darrein continuance to postpone the trial until they are adequately prepared to present their defence.
A Plea Puis Darrein Continuance is a legal term used to describe a request made by a defendant to delay their trial after a plea has been entered but before a judgment is rendered.
A defendant can request a Plea Puis Darrein Continuance when there are new facts or circumstances that have arisen since the plea was entered, which may affect the outcome of the case.
The purpose of a Plea Puis Darrein Continuance is to allow the defendant to present new evidence or arguments that were not available at the time of the original plea.
A defendant can request a Plea Puis Darrein Continuance by filing a motion with the court, explaining the new facts or circumstances that have arisen and why they believe it warrants a delay in the trial.
No, a Plea Puis Darrein Continuance is not granted automatically. The court will consider the defendant’s motion and determine whether the new facts or circumstances are significant enough to warrant a delay in the trial.
If a Plea Puis Darrein Continuance is granted, the trial will be postponed until the new evidence or arguments can be presented and considered by the court.
Yes, a Plea Puis Darrein Continuance can be denied if the court determines that the new facts or circumstances presented by the defendant are not significant enough to warrant a delay in the trial.
There are no specific limitations on how many times a defendant can request a Plea Puis Darrein Continuance, but the court may consider the frequency and reasons for the requests when deciding whether to grant them.
No, a Plea Puis Darrein Continuance is not meant to be used as a tactic to delay a trial indefinitely. The court will assess the validity and significance of the new facts or circumstances presented by the defendant before granting any continuance.
If a Plea Puis Darrein Continuance is denied, the trial will proceed as scheduled, and the defendant will not have the opportunity to present the new evidence or arguments they were seeking to introduce.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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