{{Short description|Court proceeding}} {{multiple issues| {{more citations needed|date=January 2019}} {{globalize|date=January 2019}} }} [[File:NTSB Board Meeting 4-25-2017 (33455235623).jpg|thumb|right|United States' [[National Transportation Safety Board]] hearing in 2017, covering the causes to a [[De Havilland Canada DHC-3 Otter#Accidents|deHavilland Otter]] crash in 2015.]]
In law, a '''hearing''' is the formal examination of a case (civil or criminal) before a judge.<ref>{{cite web |title=Hearing {{!}} Legal Process, Evidence & Procedure {{!}} Britannica |url=https://www.britannica.com/topic/hearing-law |publisher=[[Encyclopedia Britannica]] |access-date=12 April 2024 |date=21 February 2024}}</ref> It is a [[Legal proceeding|proceeding]] before a court or other decision-making body or officer, such as a [[government agency]] or a legislative committee.
==Description== A hearing is generally distinguished from a [[trial (law)|trial]] in that it is usually shorter and often less formal.<ref name="Lorch000">{{cite book| title = Democratic Process and Administrative Law| first = Robert | last = Lorch| publisher = Wayne State University Press| year = 1980| isbn = 0-8143-1513-5| url-access = registration| url = https://archive.org/details/democraticproces0000lorc}}</ref><ref>{{cite web|url=http://www.politics.ox.ac.uk/evidence-to-public-hearings.html|title=Sorry, we can't find that page|website=www.politics.ox.ac.uk|access-date=2016-06-05|archive-url=https://web.archive.org/web/20160711121544/http://www.politics.ox.ac.uk/evidence-to-public-hearings.html|archive-date=2016-07-11|url-status=dead}}</ref>
During the course of litigation, oral arguments are presented in support of [[Motion (legal)|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 [[Admissible evidence|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.<ref name="Lorch000" />
==Types== 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.{{citation needed|date=April 2025}}
===Australia=== 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:<ref name=vicfam>{{cite web | title=Family Division Hearing Types | website=Children's Court of Victoria | url=https://www.childrenscourt.vic.gov.au/family-division/child-protection/family-division-hearing-types | archive-url=https://web.archive.org/web/20220306224158/https://www.childrenscourt.vic.gov.au/family-division/child-protection/family-division-hearing-types | archive-date=6 March 2022 | url-status=usurped | access-date=23 March 2022}}</ref>
*court mentions, where a case first is heard in court;<ref>{{cite web | title=What is a Court Mention? | website=OpenLegal | date=15 July 2021 | url=https://openlegal.com.au/what-is-a-court-mention/ | access-date=23 March 2022}}</ref><ref name=mb>{{cite web | title=Directions Hearings and Court Mentions | website=Meillon & Bright | date=24 May 2021 | url=https://meillonandbright.com.au/blog/directions-and-mentions/ | access-date=23 March 2022}}</ref> and/or *directions hearing(s) (a brief hearing in front of a judge or commissioner);<ref>{{cite web | title=Directions hearings | website=Courts Administration Authority of South Australia | date=21 October 2021 | url=https://www.courts.sa.gov.au/going-to-court/representing-yourself/directions-hearings/ | access-date=23 March 2022}}</ref> and *a contest mention, where disputed issues are resolved, this is the part of the hearing where evidence may be [[adduction (law)|adduced]] (the process of putting forward or presenting evidence or arguments for consideration by the court<ref>{{cite web | title=Glossary | website=Legal Aid NSW | date=9 February 2017 | url=https://www.legalaid.nsw.gov.au/publications/factsheets-and-resources/subpoena-survival-guide/glossary | access-date=23 March 2022 | archive-date=15 March 2022 | archive-url=https://web.archive.org/web/20220315125829/https://www.legalaid.nsw.gov.au/publications/factsheets-and-resources/subpoena-survival-guide/glossary | url-status=dead }}</ref>); a "type of pre-trial hearing which aims to facilitate early guilty pleas and narrow the issues in dispute".<ref>{{cite web | title=Contest Mention Information Guide| website=Magistrates Court of Tasmania | url=https://www.magistratescourt.tas.gov.au/going_to_court/contest-mention | access-date=23 March 2022}}</ref>
===United Kingdom=== 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.<ref>England and Wales Court of Appeal (Civil Division), [https://www.bailii.org/ew/cases/EWCA/Civ/2012/1288.html Simmons v Castle & Ors] [2012] EWCA Civ 1288, delivered 10 October 2012, accessed 24 February 2023</ref>
===United States=== [[File:Berry confirmation hearing.jpg|thumb|upright=.80|Picture from the [[John Berry (administrator)|Berry]] confirmation hearing by the [[U.S. Senate Committee on Homeland Security and Governmental Affairs]] in the [[Dirksen Senate Office Building]], Rm. 342.]] There are several different types of hearings in the US legal system, each serving a unique purpose. These include: *[[Congressional hearing]] *[[Unofficial hearing]] * [[Preliminary hearing]]s are used to determine whether there is sufficient evidence to require a trial. In a preliminary hearing, a judge listens to arguments and evidence from both sides before deciding whether the case should proceed to trial. * Motion hearings are held when a party asks the court to take a specific action in the case. For example, a party may request that certain evidence be excluded from trial or that a case be dismissed before trial. In a motion hearing, each side presents arguments and evidence to the judge, who then makes a decision based on the law and facts presented. * [[Evidentiary hearing]]s are used to resolve disputes related to evidence in a case. During an evidentiary hearing, parties present arguments and evidence related to the [[Admissible evidence|admissibility]] of certain evidence or the validity of [[Expert witness|expert testimony]]. The judge then makes a ruling on whether the evidence in question can be presented at trial. * [[Deposition (law)|Depositions]] are another type of hearing commonly used in the US legal system. Depositions involve [[sworn testimony]] from a witness or party in a case, taken outside of court and recorded by a [[court reporter]]. Depositions are often used to gather information before trial or to impeach the credibility of a witness at trial.
In the mid-20th century, as a result of what has been called the "[[Warren Court|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 to the United States Constitution|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 law|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 law|procedural]] safeguards", which included such basic matters as the right to appear and to [[cross-examination|cross-examine]] witnesses, but did not include "a complete [[document|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.
==See also== *[[Continuance]] *[[Due process]] *[[Jury trial]] *[[Lawsuit]] (another type of legal proceeding) *[[Natural justice]] *[[Right to a fair trial]] *[[Rule of law]] *[[Trial by ordeal]]
==References== {{Reflist}}
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[[Category:Legal procedure]] [[Category:Legal action]]