In absentia
In absentia: Latin for "in absence." Describes a proceeding held while the person concerned is not present. In federal criminal cases, a trial may continue if a defendant who was present at the start is "voluntarily absent after the trial has begun" (Fed. R. Crim. P. 43(c)(1)(A)). However, in Crosby v. United States, 506 U.S. 255 (1993), the Supreme Court held that Rule 43 does not allow a trial to begin in the defendant's absence.
What in absentia means
Put simply, in absentia is part of the working vocabulary of a civil case. The short definition above covers the usual meaning. Still, a specific rule, statute or contract can give it a narrower meaning. For that reason, check how it is used in your own documents.
Where in absentia comes up
The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.
How to research the term
To research in absentia, begin with the rule, statute or contract where the word is used. Each one can give it a slightly different meaning. Then compare that text with how courts in your area have applied it. Also check the local rules of your court, since they can add requirements. If your case is in state court, the state rules control. So start with our state procedures guide to find them. In the end, always confirm that the source you rely on is current.
You can read the current federal court rules online for free.
Related legal terms
- Idem sonans: latin for "sounding the same." The rule that a misspelled name in a legal document is still sufficient if, when pronounced, it sounds the same as the correct name, so that no one is misled.
- Immunity: protection from a legal duty, lawsuit or prosecution.
- Impeachment (of a witness): attacking a witness's credibility, for example by showing bias, a prior inconsistent statement or, in some cases, a criminal conviction. Federal Rules of Evidence 607 to 610 and 613 address impeachment.
- Impleader: bringing a third party into a lawsuit because that party may be liable for some or all of the claim. Also called a third-party complaint.
Why precise terms matter
Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.
Sources
Sources last reviewed: 2026-10-24
Lawtopolis provides legal information and education, not legal advice. Using this site does not create an attorney-client relationship. Laws and court rules vary by jurisdiction and change over time; verify every authority against the official source and consult a licensed attorney in your jurisdiction about your situation.