open

verb

To render accessible, visible, or available; to submit or subject to examination, inquiry, or review, by the removal of restrictions or impediments

@ open a case

In practice, to open a case is to begin it; to make an initiatory explanation (i.e. opening statement) of its features to the court, jury, referee, etc., by outlining the nature of the occurrence or transaction on which it is founded, the questions involved, and the character and general course of the evidence to be adduced.

See also opening statement of counsel

@ open a commission

To enter upon the duties under a commission, or commence to act under a commission. Thus, in England the judges of assize and nisi prius derived their authority to act under or by virtue of commissions directed to them for that purpose; and, when they commenced acting under the powers so committed to them, they were said to open the commissions; and the day on which they so commenced their proceedings was as such termed the "commission day of the assizes"

@ open a court

To open a court is to make a formal announcement, usually by the crier or bailiff, that its session has now begun and that the business before the court will be proceeded with

@ open a judgment

To lift or relax the bar of finality and conclusiveness which it imposes so as to permit a re-examination of the merits of the action in which it was rendered. This is done at the instance of a party showing good cause why the execution of the judgment would be inequitable. It so far annuls the judgment as to prevent its enforcement until the final determination upon it. Fed.R.Civil P. 60 governs relief from judgment because of mistakes, inadvertence, excusable neglect, newly discovered evidence, fraud, etc

@ open a rule

To restore or recall a rule which has been made absolute to its conditional state, as a rule nisi, so as to readmit of cause being shown against the rule. Thus, when a rule to show cause has been made absolute under a mistaken impression that no counsel had been instructed to show cause against it, it is usual for the party at whose instance the rule was obtained to consent to have the rule opened, by which all the proceedings subsequent to the day when cause ought to have been shown against it are in effect nullified, and the rule is then argued in the ordinary way

@ open a street or highway

@ open a street

@ open a highway

To establish it by law and make it passable and available for public travel

@ open the door

If one party to litigation puts in evidence part of document or correspondence or conversation which is detrimental to the opposing party, the latter may introduce balance of document, correspondence or conversation in order to explain or rebut adverse inferences which might arise from the fragmentary or incomplete character of evidence introduced by his adversary. This is known as Rule of Completeness. U. S. v. Corrigan, C.C.A.N.Y., 168 F.2d 641, 645.

See also Fed.Evid. R. 106

@

open, adj

Patent; visible; apparent; notorious; exposed to public view; not clandestine; not closed, settled, fixed, or terminated. As an element of adverse possession, see open and notorious.

As to open corporation

- open entry

- open insolvency

- open lewdness

- open policy

- open possession

- open verdict, see those titles

@ open account

An unpaid or unsettled account; an account with a balance which has not been ascertained, which is kept open in anticipation of future transactions. Kugler v. Northwest Aviation, Inc., App., 108 Idaho 884, 702 P.2d 922, 925.

Type of credit extended by a seller to buyer which permits buyer to make purchases without a note or security and it is based on an evaluation of the buyer's credit. A contractual obligation which may be modified by subsequent agreement of the parties, either by expressed assent or implied from the conduct of the parties, provided the agreement changing the contractual obligation is based upon independent consideration. Bloch v. Fedak, 210 Kan. 63, 499 P.2d 1052, 1054.

+ open account

An account which has not been finally settled or closed, but is still running or open to future adjustment or liquidation. Open account, in legal as well as in ordinary language, means an indebtedness subject to future adjustment, and which may be reduced or modified by proof.

See also open credit

- open-end credit plan

@ open and notorious

Acts on the land of another sufficient to alert the owner of a claim to his land which may ripen into title under adverse possession.

See also adverse possession

- notorious possession.

Behavior which is "open and notorious" for purposes of statute prohibiting adultery is behavior which is prominent, conspicuous and generally known and recognized by the public. The prohibition of open and notorious adultery is meant to protect the public from conduct which disturbs the peace, tends to promote breaches of the peace, and openly flouts accepted standards of morality in the community. People v. Cessna, 1 Ill.Dec. 433, 42 Ill.App.3d 746, 356 N.E.2d 621, 623

@

- open bid

@ open bulk

In the mass; exposed to view; not tied or sealed up

@ open court

Common law requires a trial in open court; "open court" means a court to which the public have a right to be admitted. People v. Rose, 82 Misc.2d 429, 368 N.Y.S.2d 387, 390.

This term may mean either a court which has been formally convened and declared open for the transaction of its proper judicial business, or a court which is freely open to spectators. For accused's right to an open/public trial, see public trial

@ open credit

Line of credit extended up to a certain amount by a merchant, bank or supplier so as to permit borrowings or purchases to such amount without posting security or reestablishing credit limit.

See also open account

- open-end credit plan

See open-end credit.

@