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Concept
Hearing (law)
Summary
In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency or a legislative committee.
A hearing is generally distinguished from a trial in that it is usually shorter and often less formal.
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.
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:
court mentions, where a case first is heard in court; and/or
directions hearing(s) (a brief hearing in front of a judge or commissioner); and
a contest mention, where disputed issues are resolved, this is the part of the hearing where evidence may be adduced (the process of putting forward or presenting evidence or arguments for consideration by the court); a "type of pre-trial hearing which aims to facilitate early guilty pleas and narrow the issues in dispute".
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.
Official source
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