{"id":13563,"date":"2018-02-10T05:52:05","date_gmt":"2018-02-10T05:52:05","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=13563"},"modified":"2023-04-16T22:36:59","modified_gmt":"2023-04-16T22:36:59","slug":"hearing","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=13563","title":{"rendered":"Hearing – a judicial session, usually open to the public, held for the purpose of deciding issues of fact or of law, sometimes with witnesses testifying"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from >>>> Court Proceedings<\/a> >>>> Criminal Proceedings<\/a> >>>> Phases of a Criminal Court Proceedings<\/a>:<\/span>
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hearing<\/span>:<\/strong><\/span>
\n (13c)<\/span><\/p>\n

1. A judicial session, usually open to the public, held for the purpose of deciding issues of fact or of law, sometimes with witnesses testifying<\/strong> <the court held a hearing on the admissibility of DNA evidence in the murder case>.<\/strong> \u2014 aka judicial hearing<\/strong><\/em><\/span>.<\/span><\/p>\n

2. In legislative practice, any proceeding in which legislators or their designees receive testimony about legislation that might be enacted<\/strong> <the shooting victim spoke at the Senate\u2019s hearing on gun control>.<\/strong>
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3.<\/strong> Equity practice<\/em>. A trial.<\/strong><\/span><\/p>\n

4.<\/strong> English law<\/em>. ORAL ARGUMENT. [1]<\/span><\/p>\n

1. A term originating in equity but almost as familiar in present-day law actions.\u00a0 A prerequisite to a finding of facts.\u00a0 Re Anderson, 191 Or 49, 229 P2d 633, 2301\u20192d 770, 29 ALR2d 1051, 1073<\/span>. <\/strong><\/span><\/p>\n

A constitutional right of one accused of crime. 21 Am J 2d Crim L \u00a7 309<\/span>. <\/strong><\/span><\/p>\n

An essential of due process of law. Denver v State Invest. Co<\/em>. 49 Colo 244. 112 P 789<\/span>.<\/strong><\/span><\/p>\n

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The presentation and consideration of proofs and arguments, and determinative action with respect to the issue. Re Enger, 225 Minn 229, 30 NW2d 694, 1 ALR2d 1048<\/span>; Handlon v Belleville<\/em>, 4 NJ 99, 71 A2d 624, 16 ALR2d 1118<\/span>. <\/strong><\/span><\/p>\n

Either an interlocutory hearing, the purpose of which is to get the case into such shape that it may, in the end, be properly heard and finally adjudicated on the merits, or the final hearing in which the case is absolutely determined. 27 Am J2d Equity \u00a7 235<\/span>. <\/strong><\/span><\/p>\n

The presentation of a case or defense before an administrative agency, with opportunity to introduce evidence in chief and on rebuttal, and to cross-examine witnesses, as may be required for a full and true disclosure of the facts. 2 Am J2d Admin L \u00a7 397<\/span>. <\/strong><\/span><\/p>\n

An arbitration at which the arbitrators are present to hear the persons whose rights are affected, such persons having been given notice and opportunity to be heard. 5<\/span> Am J2d Arb & A \u00a7 122<\/span>.<\/strong><\/span><\/p>\n

Where statute provides for a \u201chearing,\u201d the term necessarily implies the power to administer some adequate remedy.\u00a0<\/strong><\/span>
\n See Adams v Shelbyville<\/em>, 154 Ind 467, 57 NE 114<\/strong><\/span>.<\/span>
\n See final hearing<\/em>; rehearing<\/em>; rehearing on appeal<\/em>; trial<\/em>. [2]<\/span><\/p>\n

1. A proceeding in which evidence is introduced and witnesses are examined so that findings of fact can be made and a determination rendered.\u00a0 Although, in a general sense, all trials can be said to be hearings, not all hearings are trials.\u00a0 The difference is in the degree of formality each requires, with the rules of procedure being more relaxed in hearings.<\/strong><\/span>
\n \u00a0\u00a0\u00a0\u00a0 A hearing may be conducted by a court, an administrative agency, arbitrator, or a committee of the legislature, as well as by many other public bodies.\u00a0<\/strong><\/span>
\n See administrative hearing<\/em>; fair hearing<\/em>; final hearing<\/em>; public hearing<\/em>; rehearing<\/em>. [3]<\/span><\/p>\n<\/div>\n

Various Types of Hearings:<\/strong><\/span><\/p>\n

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\u00a0interlocutory hearing<\/span>:<\/span>
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Any hearing for the purpose, not of an ultimate determination and final adjudication, but to obtain a presentation of the case in such a form that it may, in the end, be properly heard and adjudicated finally on the merits. 27 Am J2d Eq \u00a7 235<\/span>.<\/strong> [2]<\/span><\/p>\n

Types of Hearings
\nPertaining solely to Evidence:<\/span><\/span><\/strong><\/p>\n

audibility hearing<\/span> –<\/strong> (1973) A pretrial or in-chambers assessment of whether an audio recording will be understandable by to jurors without their undue speculation about its content.<\/strong><\/span><\/p>\n

evidentiary hearing<\/span> –<\/strong> (1952) 1. A hearing at which evidence is presented, as opposed to a hearing at which only legal argument is presented.\u00a0<\/strong> 2. See ADMINISTRATIVE PROCEEDING.<\/span><\/p>\n

exclusionary hearing<\/span> –<\/strong> (1963) A pretrial hearing con<\/strong>ducted to review and determine the admissibility of alleged illegally obtained evidence.<\/strong><\/span><\/p>\n

Types of Hearings<\/span><\/strong>
\nPertaining solely to Criminal Law:<\/span><\/strong><\/span><\/p>\n

preliminary hearing<\/span><\/a> – any number of “Probable Cause Hearings” to determine if there’s sufficient evidence to hold trial, or if any evidence ought be suppressed due to 4th Amendment violation:.<\/span><\/strong> \u2014 aka preliminary examination<\/strong><\/em><\/span>; probable-cause hearing<\/strong><\/em><\/span>; bindover hearing<\/strong><\/em><\/span>; examining trial<\/strong><\/em><\/span>; felony hearing<\/strong><\/em><\/span>.<\/span><\/span><\/p>\n