Written by attorneys · grounded in primary & secondary sources — see below
A judicial or administrative proceeding in which evidence and arguments are presented to determine issues of fact or law.
Sources & Authorities
How it applies
Common Examples
6
Foreclosure Notice to Junior Lienholder
Hudson Partners held a second mortgage on property owned by Hannah Hughes. When the first mortgagee initiated foreclosure, it failed to notify Hudson Partners of the hearing. The court later refused to extinguish Hudson Partners' interest because the necessary party had not received notice of the proceeding.
Senate Hearing on Nominee
The President nominated Harriet Hamilton to a federal judgeship. The Senate Judiciary Committee scheduled a hearing at which Hamilton testified about her qualifications. Senators questioned her on prior rulings before voting on confirmation.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Prosecutors called Henry Hoffman to testify before the grand jury investigating a fraud scheme. Only government attorneys, the witness, and a court reporter attended the session while Hoffman answered questions about documents.
Prior Inconsistent Statement at Hearing
At a pretrial hearing, Hana Huang testified that she never saw the defendant near the scene. The prosecutor introduced her earlier sworn statement from a deposition that placed the defendant at the location, using it to impeach her current testimony.
Judge's Public Comment on Pending Matter
Judge Hakeem Harris spoke at a bar association luncheon about a high-profile contract dispute scheduled for hearing the following week. The comments suggested the plaintiff's claims lacked merit, prompting the defendant to move for recusal on grounds that the remarks impaired fairness.
Former Arbitrator Representation
Harmony Retail hired former arbitrator Hannah Hale to represent it in a contract dispute. The opposing party objected because Hale had served as arbitrator in an earlier proceeding between the same parties. Without written consent from all sides, Hale withdrew from the representation.
Common questions
Frequently Asked
5
What distinguishes a hearing from a trial?+
A hearing is typically a shorter proceeding focused on a specific issue before trial, while a trial resolves the entire case. Both involve presentation of evidence and argument to a judge.
Must all interested parties receive notice of a foreclosure hearing?+
Yes. Necessary parties such as the mortgagor and junior lienholders must receive notice. Failure to join them can prevent extinguishment of their interests.
Who may attend a grand jury session?+
Only attorneys for the government, the witness being questioned, interpreters if needed, and a court reporter may be present while the grand jury is in session.
When may a judge comment publicly on a pending hearing?+
A judge may not make public statements that could reasonably affect the outcome or impair fairness of a pending or impending matter.
Can a lawyer represent a client in a matter where the lawyer previously served as arbitrator?+
No, unless all parties give informed consent confirmed in writing.
5 U.S. (1 Cranch) 137 (1803)Property
…by this act, no mandamus will lie because the Secretary is responsible only to the President. The second act at the same session, 15 September 1789, changed the name to Department of State and assigned duties in the performance of which the Secretary cannot be lawfully controlled by the President and for the…