In law, a colloquy is a routine, highly formalized

conversation Conversation is interactive communication between two or more people. The development of conversational skills and etiquette is an important part of socialization. The development of conversational skills in a new language is a frequent focus ...

. Conversations among the

judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...

and

lawyer A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solic ...

s (as opposed to testimony under oath) are colloquies. The term may be applied to the conversation that takes place when a defendant enters into a

plea bargain A plea bargain (also plea agreement or plea deal) is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or '' nolo contendere.'' This may mean that the defendan ...

and the judge is supposed to verify that the defendant understands that he is waiving his right to a jury trial. In criminal court, a colloquy is an investigation within a

defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdic ...

's plea to reassure that the plea was given "knowingly, voluntarily, and intelligently".''Commonwealth v. Yoemans''
24 A.3d 1044 (Pa. Super. 2011), citing ''Commonwealth v. Fluharty'', 632 A.2d 312, 314 (Pa. Super. 1993); accessed December 11, 2019. The defendant needs to understand the charges against him, the penalties that he will face, and his rights before entering into a guilty plea. In the US, that includes describing the rights guaranteed by the Fifth and Sixth Amendments as well as a caution that non-citizens who are convicted of crimes risk expulsion from the country. A defendant who denies guilt may still "plead down"—plead to a lesser offense than the accusation, provided the Court allows it, and provided the accused intelligently concludes on an open record that a plea is in her/his best interest (such as avoiding incarceration or a more serious charge/conviction).

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See also