Also known as: upbefore · appear before · brought before
Written by attorneys · grounded in primary & secondary sources — see below
An informal phrase denoting the state of appearing in the presence of a tribunal, judge, or other authorized body for a proceeding. The phrase identifies the forum or officer before whom a party must present itself to answer charges, seek relief, or complete organizational steps required by law.
Federal agents served Ulrike Ulrich with a summons that directed her to report to the courthouse at 9 a.m. the following week. Ulrike arrived early and waited in the hallway until the clerk called her name. She then entered the courtroom and stood before the magistrate judge as required by the document.
After filing articles that named three initial directors, Union Steel convened its first board session. A majority of the directors issued the call and the group gathered in the conference room. They appointed officers and adopted bylaws while conducting the remaining business brought before them.
Select any source to read its text and confirm it supports the definition.
Usha Upton received a subpoena ordering her to testify about events she had witnessed and reported. She appeared at the courthouse and entered the grand jury room. The foreperson questioned her under oath while the prosecutor remained present throughout the session.
Parents of students at a public high school filed suit after the board required recitation of a pledge. The families came up before the district judge at the preliminary injunction hearing. The court heard argument on whether the mandate violated constitutional protections.
Unity Capital sought to air a documentary critical of a candidate shortly before an election. The commission issued an enforcement action and the company came up before the district judge on cross-motions for summary judgment. The court addressed whether the expenditure restrictions could stand.
The Textile Workers Union sued Lincoln Mills to compel arbitration under a collective bargaining agreement. The union came up before the district judge on a motion to dismiss. The court considered whether federal law supplied authority to enforce the arbitration clause.
No. The phrase describes any party required to appear before a court or judge, including corporate directors at an organizational meeting and civil litigants seeking relief.
Failure to appear can result in issuance of a warrant or other sanctions, because the underlying rule or order requires the party to present itself at a stated time and place.
The phrase is informal and covers any required appearance before a tribunal or judicial officer, whether in chambers, at an organizational meeting, or before a grand jury.
Yes. Counsel who files pleadings or argues a motion is appearing before the tribunal on the client's behalf, triggering any applicable professional conduct rules of that forum.
…Once the accused has been apprehended and charged he has the statutory right to a private interview with a solicitor and to be brought before a magistrate with all convenient speed so that he may, if so advised, emit a declaration in presence of his solicitor under conditions which safeguard him against prejudice." [^maj-60]:…