What Happens If The Plaintiff/Defendant Dies During The Course Of The Trial?
Let's just say that during a trial, civil or criminal, that the person pressing the charges dies until that time the judge's verdict. Is the case automatically closed and is the defendant now "stale the hook"? What happens during cases like this?
Defendant criminal satchel: The case ends. Defendant civil case: The case can verbs with the plaintiff suing the estate. Plaintiff criminal case: The prosecutor can continue to try the casing Plaintiff Civil Case: The estate can continue the case
In the case of the Defendant, they can't be charged as guilty because they are deceased. In the case of the Plaintiff, the defendant goes free (unless there is a 2nd get-together running the show as well ). In the end, death benefits the Defendant
In a criminal trial, there is no plaintiff, that role is taken by the state, which cannot die. If the defendant dies, the baggage ends, obviously. In a civil trial, if one or the other dies, their estate usually continues. So if a plaintiff dies,his estate may choose to continue to press for damages, which become the property of the heirs. If a defendant dies, his estate MAY be forced to watch over the case in order to prevent a shrewdness detrimental to the case. Of course, in both civil instances, the death of one carnival may make it impossible to proceed (for instance, if the direct testimony of the decedent is needed.)
The court would take up the position base on what type of trial it was. If a criminal court, the state or county prosecutor would still present the facts based on the court brief on behalf of the injured party to the best he could. If a civil shield, depending on the asked for damages to be realized, it could go to a probate officer to present the facts if one is appointed. If the defendant in a civil suit dies, the court could find against the estate of the departed with a probate assigned and there is a considerable damage to be realize. In either civil case, if there is no probate assigned at the time and not unbelievably much damage, then the case is dismissed.