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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 ...
Presenting lawyers usually cannot simply make speeches or read their briefs when presenting oral argument to an appellate court. [1] Unlike trial court procedure, where judges intervene only when asked by the parties to resolve objections, it is typical for judges at the appellate level to be active participants in oral argument, interrupting ...
Hearings before administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials. An appeal (appellate proceeding) is also generally not deemed a trial, because such proceedings are usually restricted to a review of the evidence presented before the trial court , and do not permit the ...
In Scotland, a preliminary hearing is a non-evidential pre-trial diet in cases to be tried before the High Court of Justiciary, conducted to enable the court to determine whether both parties, the prosecution and the defence, are ready to proceed to trial. The hearing may also address ancillary procedural matters. [3]
Contested case hearing is the name for quasi-judicial administrative hearings governed by state law. [which?] State agencies that make decisions that could affect people's "rights, duties, and privileges" must have a process for holding contested case hearings. The purpose of these hearings is to provide the decision-makers with the most ...
In American procedural law, a continuance is the postponement of a hearing, trial, or other scheduled court proceeding at the request of either or both parties in the dispute, or by the judge sua sponte. In response to delays in bringing cases to trial, some states have adopted "fast-track" rules that sharply limit the ability of judges to ...
The first hearing in the Crown Court will be a Plea and Trial Preparation Hearing (PTPH), where a plea is taken and, if not guilty, a timetable for trial is set and directions given for service of further evidence, followed by the trial itself. There may be additional hearings in between (called 'mentions').
Generally, there is no trial in an appellate court, only consideration of the record of the evidence presented to the trial court and all the pre-trial and trial court proceedings are reviewed—unless the appeal is by way of re-hearing, new evidence will usually only be considered on appeal in "very" rare instances, for example if that ...