Tuesday, May 25, 2010

What is the purpose of a hearing?

Does a hearing determine weather there is going to be a trail or not? if so what is the criteria for making such a decision? Whats the difference between a trail and a hearing? are there always hearings is this standard procedure even in civil cases where someone sues the state or government?
Answer:
A hearing as held to "hear" the arguments of both sides on a certain matter. It is not the same thing as a trial, however, depending on what it being "heard" it can essentially determine the outcome of the matter.

To sum it up.... it all depends on what the hearing is on and what the case is about. If you filed a motion to compel documents, for example, there would be a hearing if the other side did not produce the documents within the time allotted and if every attempt has been made to get those documents. The Judge would hear your side, as well as the other's side argument against it, and decide, RULE, on the motion. The case is not over, but that particular problem has now been resolved.

There could be MANY hearings before the case is ever tried. I've been involved in suits filed three years ago, have been to court for many hearings, and still no trial date has been set.
to hear...listen...duh!
There are legal guidelines for a Judge to follow to determine if there is sufficient evidence for a trial.
That is a hearing. He may schedule a trial or dismiss it.
The government likes to piss us off and go twice, a hearing is just like the waiting room in the dentist office, maybe you'll have cavities and have to come back again (yay) or maybe you get to go free...until next time.
A hearing determines if there is enough evidence to bring the case to trial.

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