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Court proceeding From Wikipedia, the free encyclopedia
In law, a hearing is the formal examination of a case (civil or criminal) before a judge.[1] It is a proceeding before a court or other decision-making body or officer, such as a government agency or a legislative committee.
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A hearing is generally distinguished from a trial in that it is usually shorter and often less formal.[2][3]
During the course of litigation, oral arguments are presented in support of motions at hearings. The purpose of these arguments may be to resolve the case without further trial, such as through a motion to dismiss or for summary judgment, or to decide discrete issues of law, such as the admissibility of evidence, which will determine how the trial proceeds. Limited evidence and testimony may also be presented at hearings to supplement the legal arguments.[2]
Terminology varies from country to country, and there are different types of hearings under different legal systems.
A preliminary hearing (also known as evidentiary hearing, probable cause hearing, and other variant terms) is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial.
A hearing is a part of the court process in Australia. There are different types of hearing in a case. There may be several hearings, although not all may be scheduled. These include:[4]
A hearing is a part of the court process in England and Wales. The term "rolled-up hearing" is also used, referring to occasions when permission is considered for a procedural application on the basis that, if permission is granted, the substantive application will be heard immediately afterwards.[10]
There are several different types of hearings in the US legal system, each serving a unique purpose.
In the mid-20th century, as a result of what has been called the "due process revolution," a series of Supreme Court decisions expanded the rights of individuals in legal proceedings and required more formal procedures and protections.
One key decision during this period was Goldberg v. Kelly (1970), which involved a challenge to the system for terminating welfare benefits in New York. The Court held that the Due Process Clause of the Fourteenth Amendment requires that individuals have the opportunity to be heard and present evidence before their benefits are terminated.
The decision in Goldberg helped to establish the principle that many administrative decisions require some form of hearing or other procedure to ensure that individuals are not deprived of their rights without due process of law. It also illustrated that what constitutes a hearing can depend on the context. In Goldberg, the goal of a speedy decision was held to "justify the limitation of the pre-termination hearing to minimum procedural safeguards", which included such basic matters as the right to appear and to cross-examine witnesses, but did not include "a complete record and a comprehensive opinion". This has had a significant impact on the US legal system, leading to an increase in the number of hearings and other procedures required in a wide range of legal contexts.
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