Also known as: after notice and hearing · notice and hearing
Written by attorneys · grounded in primary & secondary sources — see below
A procedural requirement that certain governmental or judicial actions affecting property or rights may proceed only after affected parties receive notice of the proposed action and an opportunity to contest it. The phrase authorizes courts and agencies to act without a hearing when notice is given and no timely request for one occurs or when an emergency justifies immediate measures. It supplies the minimum process due before deprivations such as seizures, benefit terminations, or zoning amendments.
Federal agents seize Amelia Amari's yacht after discovering drugs aboard. The government files a forfeiture complaint and provides notice of the seizure. Amari receives the notice and requests a hearing to contest the forfeiture. The court schedules the hearing and later determines whether the yacht is subject to forfeiture based on the evidence presented.
The city council proposes to rezone a parcel owned by Adrian Aguilar from residential to commercial use. The council publishes notice of the proposed amendment and holds a public hearing at which Aguilar and neighboring owners may present evidence. After the hearing the council votes on whether the change serves the public welfare.
Select any source to read its text and confirm it supports the definition.
No. The phrase is defined to mean such notice as is appropriate in the circumstances and such opportunity for a hearing as is appropriate. An act may proceed without a hearing if notice is given and no party timely requests one or an emergency requires immediate action.
Supporting sources
Due process permits pre-seizure seizure of personal property subject to forfeiture when the property can be quickly removed, hidden, or destroyed. The government must still provide notice and an opportunity to contest the seizure afterward.
Supporting sources
A preliminary injunction may issue only after notice to the adverse party and an opportunity to be heard. An ex parte order that functions as a preliminary injunction violates this requirement and must be vacated or modified.
Supporting sources
Rezoning occurs by amendment to the zoning ordinance or map. The legislative body must give notice and hold a hearing before adopting the amendment. The change must bear a substantial relation to public health, safety, morals, or general welfare.
Supporting sources