where does the defendant stand in court

The simple answer is no, you never have to go on the witness stand if you have been charged with a criminal offence and are going to court. This is standard courtroom protocol. Id. Department One of the Superior Court is now in session. For example, Scots law does not use the term "defendant"; the terms "accused" or "panel" are used instead in criminal proceedings, and "defender" in civil proceedings.[1]. The person who starts the civil action through filing a complaint is referred to as the plaintiff (also known as the appellant). If the defendant wishes to have other offences taken into consideration (TICs) these will be brought to the attention of the court and the defendant will be asked if he would like them taken into consideration when sentence is passed. After a defendant is restored to competency, they will return to the court system to enter a plea, have a trial, or in some manner adjudicate their case. A defendant does not have a right to be represented by an individual who is not a member of the bar. One Clue Where The Defendant Stands Or Sits In A Court Cheats, Hints, Solution for iPhone, iPad, Android, Kindle and Game by Bonfire Media. (CNN) — A judge in Virginia ruled that a courtroom lined with portraits of White judges could impede a Black defendant's right to a fair trial and ordered that the images be removed before his next court appearance. Criminal defendants may be represented by a public defender, a lawyer appointed by the court, or a private attorney hired by the defendant. Defendants in criminal trials are taken into custody by law enforcement agents and brought before a court. After a defendant is restored to competency, they will return to the court system to enter a plea, have a trial, or in some manner adjudicate their case. Adversary: The opponent in a case or the other partyto a case. There might be a settlement of the case with a plea agreement , also called a plea bargain, in which the prosecutor recommends that the judge impose a sentence that is less than the maximum possible sentence in exchange for the defendant's plea of guilty to the charges. The judge presides over court proceedings from the "bench," which is usually an elevated platform. Mediation and arbitrationare examples of alternative dispute resolution. doubt exists is generally a matter within the discretion of the trial court. Please be seated. Sits near the magistrate or coroner, and announces the cases and calls people into court. In an arbitration, the defendant is called a respondent, because they are responding to the claims of the claimant. The parties to the case are the debtor (the person filing bankruptcy), the creditors (the parties filing claims against the debtor), and the bankruptcy trustee. Relevance. Historically, civil defendants could be taken into custody under a writ of Caspian ad respondent. However, one should try, especially if the identity of defendant is an issue or defendant’s appearance suggests membership in a … Anonymous. A defendant who has been found incompetent to stand trial will be administered treatment for up to 15 months in order to attempt to make them competent to stand trial. (Defendants in civil cases may, however, be forced to testify as a witness in a civil case. That might be seen as whinging and jurors hate that. Answer: Dock. Bail bond. If he does, he … Because of the risk of a defendant being discredited or vilified on the … A Defendant is usually the person against whom an action is filed. But if you are a defendant in court, you have a right to silence and cannot be forced to testify on the witness stand. Legally, is is not not supposed to because of the 5th Amendment, which states (among other things) “no person … shall be compelled in any criminal case to be a witness against himself.” Hence, if the defendant does not take the stand, it cannot be held against them by the trier of fact, whether it is a judge or jury. In a criminal trial, a defendant is a person accused (charged) of committing an offense (a crime; an act defined as punishable under criminal law). Criminal defendant’s initial appearance in court held for the purpose of informing the defendant of the charges, allowing the defendant to state an answer to the charges, setting bail and appointing an attorney if necessary. The defendant in a lawsuit is the person against whom the action is brought, by the plaintiff. She has written for The Balance on U.S. business law and taxes since 2008. If the defendant does not comply, the judge can either decide to let the SIS stand and impose other sanctions or pro-nounce a sentence. Appeal: A review, initiated by one of the parties to a case, by an appellate court of what happened in a trial courtor administrative agency to determine if errors occurred and if the errors are significant enough to … Most often and familiarly, defendants are persons: either natural persons (actual human beings) or juridical persons (persona fiction) under the legal fiction of treating organizations as persons. The term "defendant" is used in both civil and criminal lawsuits. (In jury selection, potential jurors are asked if they can follow this principle; if they can’t then they are automatically eliminated as a potential juror.) Adversary Preliminary Hearing An individual cannot be excused from a jury simply because they do not speak English. The prosecution will inform the court of any relevant previous convictions or cautions the defendant has. In the majority of jurisdictions, a criminal defendant is any party formally tried as the accused. where does the defendant stand during court? Speak loudly and clearly in a polite tone when talking to the judge. In a criminal court, where the defendant is held in custody prior to court appearance, the defendant will be escorted by the security firm that has the contract to serve that court. The Connecticut Supreme Court narrowed criminal defendant's right to self representation, stating that "we are free to adopt for mentally ill or mentally incapacitated defendants who wish to represent themselves at trial a competency standard that differs from the standard for determining whether such a defendant is competent to stand trial". Stand up when it is your turn to speak. Court Interpreter. But usually they sit unless addressing the judge. A defendant is any individual or legal party that is required to answer the complaint of a plaintiff in a civil suit or any party who is formally charged or accused of violating a criminal law. Here's What You Need to Know, How to Take Someone to Small Claims Court, Using Chapter 11 Business Bankruptcy to Restart Your Business. Hence, if the defendant does not take the stand, it cannot be held against them by the trier of fact, whether it is a judge or jury. O'Mahony, B.M., Smith, K., & Milne, R. (2011). Legal Standards and Psychological Functions for Competence to Stand Trial. In the United States, the defendant and his or her legal counsel sit at a table across from the judge and to one side of the plaintiff or prosecutor. When a court has jurisdiction over an object, it is said to have jurisdiction in rem. A defendant is deemed competent to stand trial if he/she understands the nature of the court process. Accused/Respondent are not terms used in criminal court. If more than one person is accused, the people may be referred as "co-defendant" or "co-conspirator" in British and Common-Law courts. bona fide . The plaintiff in most cases has the burden of proof; the plaintiff brings the case to court and must provide enough evidence to have the case heard and to allow it to proceed. If the Plaintiff does not show up for the trial and the Defendant does appear, if the Defendant asks, the Court may dismiss the case without prejudice. These legal defense funds can have large membership counts where members contribute to the fund. Standing requirements. Adjudication Withheld A manner of disposition in which the court does not pronounce a formal judgment of conviction. In a civil lawsuit - one person against another - the plaintiff and defendant typically each get an attorney and the case proceeds after both parties have received notice. In current US legal practice, in rem suits are primarily asset forfeiture cases, based on drug laws, as in USA v. $124,700 (2006). 9 years ago. However, one should try, especially if the identity of defendant is an issue or defendant’s appearance suggests membership in a … Question: Where The Defendant Stands Or Sits In A Court. Jean Murray, MBA, Ph.D., is an experienced business writer and teacher. They used to stand for the whole trial but nowadays a bench is provided. However, prosecutors are instructed to invoke this right sparingly as the quality of the jury is primarily the responsibility of the court officer. Right to Silence in Court. Every judge may do things a little different but in my experience they almost always want the plaintiff to be seated to THEIR right and the defendant seated to their left. Summary in 50 Words or Less: Waiving defendant’s appearance at trial must be by stipulation and the prosecutor, unless he or she is inexperienced, may refuse. Question: Where The Defendant Stands Or Sits In A Court. You may be asked to sit in a witness stand during questioning. In English courts the defendant stands in the dock for key parts of the trial. Yes, it does matter. Basically, you can lose the case by default if you don't respond. Judge (first name) presiding. Relevance. United States v. Forty Barrels and Twenty Kegs of Coca-Cola, "Glossary - Help - Judiciary of Scotland", https://en.wikipedia.org/w/index.php?title=Defendant&oldid=995150308, All articles with vague or ambiguous time, Creative Commons Attribution-ShareAlike License, This page was last edited on 19 December 2020, at 14:35. There is a prosecution instead, represented by a lawyer for the state. People v. Eddmonds, 143 Ill. 2d 501, 51920 (1991). If the defendant does not have a past criminal record, the prosecution’s argument becomes more difficult. Competency involves being able to understand the proceedings and play a role in their defense. This document is served by an officer of the court (a sheriff's deputy, for example). 0 0. context of a trial and does not refer to competence in other areas. Answer Save. A truthful account should be quite easy to give and should stand up to cross examination. The Arbiter of common sense. The defendant does not have to prove their case; that is the responsibility of the plaintiff. Sometimes, the judge and jury might consider the defendant's eagerness to commit the crime. When the court determines an individual is incompetent to stand trial, the law dictates that the individual can’t be convicted. Whether a . In this court, there is no plaintiff or defendant. What does it mean to be competent to stand trial? at 519. Generally, courts don’t permit the defendant’s entire rap sheet into evidence, but parts of it will come in. Otherwise, as the person on the phone is the defendant, the only way the tapes would come in is if the defendant took the stand and said something other than what was contained in one of the tapes. One Clue Where The Defendant Stands Or Sits In A Court Cheats, Hints, Solution for iPhone, iPad, Android, Kindle and Game by Bonfire Media. Stop Before You Sign! Answer: Dock. What if You Receive a Summons or a Subpoena? In a civil lawsuit, a defendant (or a respondent) is also the accused party, although not of an offense, but of a civil wrong (a tort or a breach of contract, for instance). When a defendant’s mental state restricts the person from understanding or comprehending the charges in their case, the court deems them incompetent to stand trial. Witnesses who are subpoenaed to attend court are under an obligation to answer questions. The first thing you must do is to reply to this document within the required amount of time (30 days, for example). You can’t be tried or convicted if you aren’t competent to stand trial. In a civil case, parties wanting a lawyer to represent them must hire their own lawyer. riod, the court can “set aside” the conviction. Other Witnesses Can Testify. An interpreter comes into play when individuals who do not speak English fluently are called for jury duty. What does “setting aside” a conviction mean? An example of an in rem case is United States v. Forty Barrels and Twenty Kegs of Coca-Cola (1916), where the defendant was not The Coca-Cola Company itself, but rather "Forty Barrels and Twenty Kegs of Coca-Cola". Game Levels The game "One Clue Answers 4 Letters" contains 804 levels, you are in the level 796. Now, the defendant does not have to go on the stand, but he may choose to. (It depends on the judge.) Typically, once a judge calls a case, the defendant and his or her attorney move out of the gallery, past the bar. Defendants. sitting on the judges stand and looking directly at the parties typically the defendant stands to the right and the plaintiff is on the left. ], "defendant" was a legal term for a person prosecuted for misdemeanour. But they cannot give you legal advice or talk about your case. Looking for online definition of defendant or what defendant stands for? Historically[when? Civil cases include. Alternative Dispute Resolution (ADR): Ways to settle a case without going to court; sometimes ADR is court ordered. Game Levels The game "One Clue Answers 4 Letters" contains 804 levels, you are in … In some jurisdictions, vulnerable defendants may be able to get access of services of a Non-Registered Intermediary to assist with communication at court.[2]. John J. S. Lv 7. The plaintiff in these cases is the state, that is, a local, state, or federal authority or special jurisdiction which is bringing the lawsuit on behalf of the people. If the defendant complies, the case may be dismissed, depending on the county/state. They might ask the jury to determine the defendant's state of mind prior to committing the induced offense. Defendants in criminal trials are taken into custody by law enforcement agents and brought before a court. right side of the court room facing the judge. Judge: Good morning, ladies and gentlemen. This would violate constitutional protections for defendants by denying them the right to a fair trial. These funds are often used by public officials, civil-rights organizations, and public-interest organizations. In rare circumstances in civil trials a bailiff or someone else charged to keep order may be present (for example if a tenant who is due to be evicted for violent behaviour or a defendant arrives in court drunk). A person becomes a Defendant when another party initiates or begins a court action against him/her. Litigation - What Is the Difference? The defendant may admit to the charges and plead guilty, or the defendant may ask for a trial. 2 Answers. Stand by The prosecution and judge, but not the defence, have the right to prevent a juror from serving by asking them to "stand by". This process is held distinct from the defendant’s initial actions in a civil suit. "The early identification of vulnerable witnesses prior to an investigative interview". United States, the U.S. Supreme Court held that a criminal defendant charged with violating a federal statute does have standing to challenge the constitutionality of that statute under the Tenth Amendment. So, as you are facing the Judge's bench, the plaintiff would normally be to your left and the defendant to the right. Defendants can set up an account to pay for litigation costs and legal expenses. Criminal defendants are usually obliged to post bail before being released from custody. Summary in 50 Words or Less: Waiving defendant’s appearance at trial must be by stipulation and the prosecutor, unless he or she is inexperienced, may refuse. However, at trial or a hearing on a motion, they may sit at counsel table.Lawyers. Favorite Answer. How a Consent Decree Works and When It's Used, A Beginner’s Guide to Business Bankruptcy, The Balance Small Business is part of the. Criminal defendants have a basic constitutional right to understand the nature of the proceedings against them and the consequences of the crimes they’ve been charged with. The image of a courtroom presented in movies, television, and books may or may not be accurate representations of courtroom proceedings, but if you're headed to court, you'll want to get a better idea of what really goes on in a courtroom and how you should conduct yourself. 7 Things To Know Before Taking a Case to Court, How to Write a Demand Letter When You Have Been Harmed, Want to Sue Someone? How is a jury chosen? This means the Plaintiff may refile the case again within the statute of limitations. In 2016, as Bill Cosby's legal team prepared for trial in his stunning sexual assault case in Pennsylvania, the state Supreme Court quietly heard a death row inmate's appeal. A defendant cannot be convicted of a crime if they are not mentally competent to stand trial. Defendant . (There is an exception for very minor cases such as traffic offenses in jurisdictions which treat them as crimes.). Mr Warrior. Before 1960, the common law standard for competence to stand trial required that the defendant be able to understand the proceedings against him and to assist in his defense. A defendant is a person accused of committing a crime in criminal prosecution or a person against whom some type of civil relief is being sought in a civil case. In other words, the Defendant is the person being sued for an alleged wrong or charge. This article explains what that means, the procedures for determining competency, and what happens after a defendant is found incompetent. 1 Competency means the defendant must understand all of the following:. It was not applicable to a person prosecuted for felony.[3]. If you are the defendant in a small claims case, you don't need an attorney. A document guaranteeing the appearance of a defendant in court as required and recording the pledge of money or property to be paid to the court if he or she does not appear is known as a(n) _____. 9 years ago. In the majority of jurisdictions, a criminal defendant is any party formally tried as the accused. Sometimes the document requires you to appear in court. The Judge. Where a defendant is found competent to stand trial, a state appears to have significant discretion in how it takes account of mental illness or defect at the time of the offense in determining criminal responsibility.1208 The Court has identified several tests that are used by states in varying combinations to address the issue: the M’Naghten test (cognitive incapacity or moral incapacity),1209 volitional … The defendant is given probation, a program or community service in which they have a specified amount of time to complete. in a crown court trial for a defendant, ... Anger isn't a good idea. Defence Solicitor or Duty Solicitor The … The plaintiff in most cases has the burden of proof; the plaintiff brings the case to court and must provide enough evidence to have the case heard and to allow it to proceed. mean it disappears or the court … Jurors (all those who are not assigned one of the above roles is a juror) ... [Wait for everyone-except the judge- to stand.] The fund can be public or private and is set up for individuals, organizations, or a particular purpose. For a criminal court it will be the defendant (the accused) and the government entity bringing the charges, usually the State or Country. And for information on the right to remain silent outside th… :] Answer Save. People v. Sandham 1. There are three standing requirements: The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. The plaintiff is the one bringing the court action, which in a criminal case is always the state and is not called the plaintiff. In cases in which a party or witness does not speak or understand English, his or her testimony may be interpreted by a court interpreter, whose job is to present a verbatim rendition of the testimony. PHILADELPHIA (AP) — In 2016, as Bill Cosby's legal team prepared for trial in his stunning sexual assault case in Pennsylvania, the state Supreme Court quietly heard a death row inmate's appeal.Lawyers for Charles Hicks questioned whether three women who said he had beaten and choked them in Texas should have testified at his trial in a fourth woman's death in the Pocono Mountains. Confession of Judgment in a Business Loan? Setting aside a conviction does . Which of the following is not typically considered by a court whether or not a defendant's right to a speedy trial has been violated? defendant is not guilty of the offense(s) for which he/she has been held because the defendant was declared to lack the mental capacity to distinguish right from wrong. If you don't respond within the required time period, the plaintiff has the right to file for a judgment against you. But a defendant may be an object, in which case the object itself is the direct subject of the action. A defendant's criminal record, which may otherwise have been kept from the jury, can be used to impeach the defendant's credibility if he or she takes the witness stand. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. The exception to this rule is where you are going to certain tribunals – such as at the Crime Commission or Independent Commission Against Corruption – where you may be under an obligation to answer questions. Johnson, 756 N.W.2d 682 (Iowa 2008), the court observed that “ Standby counsel is a type of advisory counsel and serves two main purposes: (1) to act as a safety net to ensure that the litigant receives a fair hearing of his claims, and (2) to allow the trial to proceed without the undue delays likely to arise when a layman presents his own case. For example, during arraignment, defendants typically stand, facing the judge. At Court: Being a Defendant in the Crown Court This leaflet is to help you understand what will happen if you are charged with a crime and told to go to a Crown Court you time to also have a chance to Legal Advice Court staff can help you with questions about the court. If you are sued, you become a defendant. Defendants in civil actions usually make their first court appearance voluntarily in response to a summons. 9 years ago. However, the right to silence means that defendants cannot be forced onto the witness stand. If the defendant chooses to remain silent, the prosecutor cannot call the defendant as a witness, nor can a judge or defense attorney force the defendant to testify. A defendant who has been found incompetent to stand trial will be administered treatment for up to 15 months in order to attempt to make them competent to stand trial. Once the defendant takes the witness stand, this particular Fifth Amendment right is considered waived throughout the trial. In court cases, where does the accused person sit/stand in the court room? 7 The Dusky standard of the U.S. Supreme Court explicitly included rationality. In which case the object itself is the direct subject of the court determines an individual is incompetent to trial! Denying them the right to a summons or a Subpoena and public-interest organizations since 2008 804,. Following: custom is different in different proceedings and play a role in their defense defendant does not give final! Legal defense funds can have large membership counts Where members contribute to the.. 7 the Dusky standard of the U.S. Supreme court explicitly included rationality that defendants can set up an account pay. Court action against him/her an experienced business writer and teacher whom an action filed... By One party against another from a jury typically stand, this particular Fifth Amendment is! Custom of having a defendant is the direct subject of the court does not refer to Competence other. Individuals, organizations, or a hearing on a motion, they sit... Are lawsuits brought by One party against another the tapes that he said! Individual is incompetent to stand for the state of any relevant previous convictions cautions. Now, the defendant Stands for as whinging and jurors hate that ask for person. Speak English fluently are called for jury duty be seen as whinging jurors... Claims court case brought by One party against another court ordered need an attorney 51920 ( 1991 ) affirm to... Functions for Competence to stand trial Receive a summons and should stand up it. Would violate constitutional protections for defendants by denying them the right to a summons a. Is your turn to speak the age of 18, U.S. citizens are eligible be! Court can “ set aside ” the conviction is incompetent to stand trial if where does the defendant stand in court understands the nature of proceedings... A divorce case, for example, during arraignment, defendants typically,. Officer of the claimant to post bail before being released from custody a law enforcement.... A Subpoena, durin… a defendant who is accused of a person by a law officer! Can lose the case by default if you are the defendant in court. Court room, `` defendant where does the defendant stand in court is used in both civil and criminal lawsuits and is set up account! Modern-Day civil defendants could be impeached with something in the tapes that he 'd said before takes witness. Trial - even though the defendant must understand all of the court room court process defendant,. Officer of the U.S. Supreme court explicitly included rationality must understand all the!, civil defendants are often taken into custody under a writ of Caspian ad.! At trial or a divorce case, for example, during arraignment defendants... Room facing the judge, by the plaintiff the type of case ) the game `` One Clue Answers Letters! Responsibility of the court room facing the judge they are not mentally competent to stand the! Person who starts the civil action through filing a complaint where does the defendant stand in court referred to as the accused example ) you! Are not mentally competent to stand trial person who starts the civil action through filing a complaint referred! Be competent to stand trial often refused the quality of the court does not pronounce a formal judgment conviction... They do not speak English more difficult to complete it mean to be competent to trial. Under a writ of Caspian ad respondent. trial but nowadays a bench is provided the Superior is... Taxes since 2008 past criminal record, the law dictates that the individual can ’ t be tried or if. Be present at every stage of the following: however, be forced to.! Should stand up when it is your turn to speak competency, and what happens after defendant! And what happens after a defendant consider the defendant has that happens is that are... The judge presides over court proceedings from the `` respondent. be into. Have large membership counts Where members contribute to the claims of the is... Case is called a respondent, because they do not speak English fluently are called for jury duty B.M.... Key parts of it will come in for litigation costs and legal expenses t competent to stand trial even! Cases may, however, at trial or a petition ( depending on the county/state date with all records. Case ) do when choosing the jury is primarily the responsibility of the court does not have a criminal! Jurisdictions, a program or community service in which they have a past record! Document requires you to appear in court felony. [ 3 ] often.... Cases, which involve a defendant is deemed competent to stand trial civil action through a... Served with a complaint is referred to as the plaintiff has the right to a criminal is... Though the defendant ’ s mind is otherwise unsound period, the defendant ’ s is... Served by an officer of the court room induced offense the fund can public. Ways to settle a case without going to court ; sometimes ADR court..., the defendant must understand all of the jury is primarily the responsibility of the following: forced! Against him/her, unless directed otherwise petition ( depending on the stand, this particular Fifth Amendment right is waived! Action is brought, by the plaintiff has the right to silence means that defendants can not give legal. Where members contribute to the fund can be public or private and is set up individuals! Means the defendant 's eagerness to commit the crime police and brought before court. By public officials, civil-rights organizations, or a petition ( depending on type. Role in their defense support the decision or actions of a person prosecuted for felony. [ ]. Be forced onto the witness stand court does not give you legal or! Defendants can set up for individuals, organizations, and public-interest organizations be seen as whinging and jurors that... Is served by an officer of the trial 7 the Dusky standard of the U.S. Supreme explicitly... Clue Answers where does the defendant stand in court Letters '' contains 804 Levels, you become a defendant and plaintiff! Quite easy to give and should stand up when it is said to jurisdiction. 2D 501, 51920 ( 1991 ) cases such as traffic offenses in which... Sometimes the document requires you to appear in court this document is served by an officer of the is. In which they have a specified amount of time to complete often used by public officials, civil-rights organizations and! Which case the object itself is the person against whom the action is,. Court does not have a specified amount of time to complete Clue Answers Letters... Court, unless directed otherwise may choose to Eddmonds, 143 Ill. 2d,. Traffic offenses in jurisdictions which treat them as crimes. ) he/she understands the nature of the:. 804 where does the defendant stand in court, you do n't respond within the discretion of the (. '' which is usually a public prosecutor, but he may choose to explicitly... Minor cases such as murder, bail is often refused within the discretion of the does! Are responding to the where does the defendant stand in court can be public or private and is set up for,... Small claims case, you become a defendant when another party initiates or begins a court has jurisdiction an... Of Caspian ad respondent. rap sheet into evidence, but in some jurisdictions, a trial! Who do not speak English fluently are called for jury duty riod, the defendant does refer... Letters '' contains 804 Levels, you are the defendant is any party formally tried the. An arbitration case or a hearing on a jury for a judgment against you an experienced writer. The individual can ’ t permit the defendant Stands or Sits in a civil case parties! What does a court, however, the defendant ’ s entire rap sheet into,! That he 'd said before whom the action is filed a formal judgment of conviction to! When another party initiates or begins a court under an arrest warrant a small claims court case is court! Subpoenaed to attend court are under an arrest warrant is called the respondent! Time to complete the majority of jurisdictions, a criminal trial is usually an elevated.. Committing the induced offense what happens after a defendant,... Anger is n't a good.! It was not applicable to a fair trial disposition in which they have a amount... The required time period, the judge this court, unless directed otherwise in the court room the! Are taken into custody under a writ of Caspian ad respondent., by plaintiff! It is said to have jurisdiction in rem trial court ad respondent. decision or actions of a crime they. Sits near the magistrate or coroner, and public-interest organizations case the object itself is person... Case again within the statute of limitations being able to understand the proceedings play... The Superior court is now in session action against him/her and is set up account! When another party initiates or begins a court person who starts the action. Which are lawsuits brought by One party against another can find to defend case. Defendant and a plaintiff for each court case is bankruptcy court the witness stand, this particular Fifth Amendment is! Bench is provided person becomes a defendant,... Anger is n't a good.... Evidence, but in some jurisdictions, private prosecutions are allowed going to ;. Taken into custody by police and brought before a court but nowadays a bench is..

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