May a trial be opened without the accused present, and where the accused is a corporation, who may appear in its place?
General information · Not legal advice
Material to check
In practice material of this kind, we read the court minutes for who was in the courtroom when the trial was opened, the registry record showing whether the accused is a legal person, and the paper showing in what capacity the person who appeared was acting for it.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading follows the provision as written: if the accused does not appear on the trial date, no trial may be opened, unless a special provision provides otherwise; where the accused is a legal person, it may have a representative appear, and that presence stands in the corporation's place.
Another reading turns on the conditions the provision attaches and leaves open: the bar applies only where 'no special provision provides otherwise', so the file must show which special provision permits the trial to be opened without the accused, and the provision says nothing about how a representative's authority for the corporation is proved.
Your judgment
If the accused is a legal person and the person who appeared is said to be its representative, what in the file shows that authority?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change when a trial may be opened without the accused, or if a court decision explains what a special provision must provide for, or how a corporation's representative is proved.