Audi alteram partem

Audi alteram partem (or audiatur et altera pars) is a Latin phrase that means, literally, "hear the other side". [ [http://www.m-w.com/dictionary/audi+alteram+partem audi alteram partem: Definition from the Merriam-Webster Online Dictionary] ] It is most often used to refer to the principle that no person should be condemned without a fair hearing in which the accused is given the opportunity to respond to the accusations against him. [ [http://www.duhaime.org/LegalDictionary/A/Audialterampartem.aspx Audi alteram partem's entry in the duhaime.org legal dictionary] ]

"Audi alteram partem" is considered a principle of fundamental justice or equity in most legal systems. The principle includes the right of the accused or his lawyers to confront the witnesses against him, and to challenge the evidence presented by the state or prosecution in the process of establishing guilt or culpability.

History of use

As a general principle of rationality in reaching conclusions in disputed matters, "Hear both sides" was treated as part of common wisdom by the ancient Greek dramatists. [e.g. Aeschylus, "The Eumenides" 431, 435]

The principle was referred to by the International Court of Justice in the "Nuclear Tests" case, referring to France's non-appearance at judgment. ["Nuclear Tests", 1974 I.C.J. 265.]

Today, legal systems differ on whether individuals can be convicted in absentia.

References