Also known as: audiences · hearing · right to be heard
Written by attorneys · grounded in primary & secondary sources — see below
A proceeding in which parties present arguments or evidence to a judge or panel of judges.
Andrew Avery offered a prior out-of-court statement by a witness who later became unavailable. The court held an audience to determine whether the statement qualified as non-hearsay under the federal rules because it was inconsistent with the witness's testimony and given under penalty of perjury.
Angela Acosta, a party in pending litigation, complained that the judge made public remarks about the case. The judicial conduct commission convened an audience to assess whether the statements risked affecting the outcome or impairing fairness.
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Alfred Ashford sought an interlocutory injunction against a neighbor's ongoing nuisance. The court scheduled an audience to weigh the threat of irreparable harm to the plaintiff against the consequences to the defendant before final hearing.
Aisha Ahmed and her spouse each testified under oath at an audience on whether their marriage was irretrievably broken. One party denied breakdown and requested conciliation, so the court continued the matter for further hearing.
Austin Abbott petitioned to adopt a child whose biological father had not consented. The court held an audience to decide whether consent could be waived because withholding it was against the child's best interest.
Arcadia Retail challenged a rezoning of its property. The legislative body conducted an audience to ensure notice and hearing requirements were met and to confirm the amendment substantially related to public welfare.
Audience refers to a hearing before judges in which parties present arguments or evidence.
When one spouse denies under oath that the marriage is irretrievably broken, the court must hold an audience to consider relevant factors and either make a finding or continue the matter for conciliation before deciding.
A judge's public statement that might reasonably affect the outcome or impair fairness of a pending matter can lead to an audience before a conduct commission to determine whether the rule was violated.
At the audience the court primarily considers the extent of threatened irreparable harm to the plaintiff if relief is denied and the consequences the relief may impose on the defendant.
…Circuit. That court ordered the appeals held in abeyance pending decision here. We postponed decision on jurisdiction to the hearing on the merits. 402 U. S. 941 (1971). III It might have been preferable if the defendant, pursuant to our Rule 20, had presented to us a petition for certiorari before judgment in the…