Also known as: adjudicatory proceedings · adjudicative proceeding
Written by attorneys · grounded in primary & secondary sources — see below
A formal hearing or proceeding before a tribunal that determines the substantive rights of parties through the presentation of evidence and argument. The setting triggers duties of candor and the application of evidentiary rules unless a specific exception applies. It encompasses both judicial and administrative contexts where a decision maker resolves disputed issues after an adversarial process.
Aaron Adams represents Astra Aerospace before the state utilities commission in a pending rate-increase application. An insider informs Adams that company executives directed staff to fabricate maintenance-cost spreadsheets already filed as sworn exhibits. Adams must take reasonable remedial measures because the commission hearing is an adjudicatory proceeding in which the lawyer knows of fraudulent conduct tied to the matter.
Adrian Aguilar, counsel for Aurora Biotech in a pending administrative disciplinary hearing, gives an interview to a trade publication. The statements detail internal company documents and predict the outcome of the contested issues. The First Amendment limits discipline for such comments because the hearing qualifies as an adjudicatory proceeding whose fairness could be affected by publicity.
Select any source to read its text and confirm it supports the definition.
Alice Atkins, who has represented Argonaut Shipping in an ongoing arbitration over cargo damage, issues a press release describing the strength of her client's evidence. The release is distributed widely and addresses the central factual disputes before the arbitrator. The statement risks violating the rule because the arbitration is an adjudicatory proceeding that could be materially prejudiced by the extrajudicial communication.
Andrew Avery files a class grievance against Ashford Manufacturing under the NLRA. The company moves to compel individual arbitration pursuant to employment agreements. The board proceeding that will decide whether class procedures are protected is an adjudicatory proceeding whose structure is governed by the statute's existing framework rather than external procedural rules.
Austin Abbott challenges a nuclear licensing decision and argues that the agency must address environmental issues through additional procedures. The commission instead resolves the fuel-cycle questions by generic rulemaking. The distinction matters because the agency previously addressed similar issues in adjudicatory proceedings that afforded parties greater procedural rights.
Aisha Ahmed petitions for review of an environmental permit and contends that the agency must use adjudicatory procedures rather than informal methods. The agency elects to handle the fuel-cycle issues through rulemaking. The court upholds the choice because the statute does not require adjudicatory proceedings for every contested issue.
The duty is triggered when the lawyer knows that a person intends to engage, is engaging, or has engaged in criminal or fraudulent conduct related to the proceeding. The obligation continues through the conclusion of the proceeding and may require disclosure to the tribunal even if the information is otherwise confidential.
Yes. A rule prohibiting statements with a substantial likelihood of materially prejudicing an adjudicatory proceeding is permissible, but vague safe-harbor language can render enforcement unconstitutional when the speech is largely political.
Yes. A contested cash-collateral hearing is an adjudicatory proceeding that determines substantive rights, so the ordinary federal evidence rules govern absent a specific exception.
Yes. Once the lawyer acquires knowledge of falsity, reasonable remedial measures are required, including disclosure to the tribunal if necessary to correct the record.
…in No. 76-419, p. 46. In support NRDC first argues that the Commission has considered other equally generic issues in adjudicatory proceedings. But NRDC conceded in the court below that the agency could promulgate rules regarding the fuel cycle in rulemaking proceedings. 178 U. S. App. D. C., at 346, 547 F. 2d, at 643. Moreover,…