Question: What Is The Difference Between A Trial And A Hearing?

Who decides if a case goes to trial?

The trial court’s discretion.

A judge, not a jury, hears child custody matters in civil district court.

Because the trial judge has the opportunity to see the parties and witnesses firsthand, the judge may exercise broad discretion in making a custody determination..

What can I expect from a hearing?

Generally, you should be prepared to tell the judge in a few brief sentences what your case is about, how you plan to prove the facts of your case, and what you want the judge to do. Then you present your case to the judge. You should only tell the judge the facts that are relevant to why you are in court.

How do you prepare for a hearing?

Tips on Preparing the Day Before Your HearingDo be on time. … Do give proper notice when filing a document with the court. … Do prepare a notebook or file, keep everything related to your case organized. … Do bring extra copies of all important documents so that you can give them to the judge and the other side.More items…•

What is a hearing in court called?

In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency or a legislative committee. A hearing is generally distinguished from a trial in that it is usually shorter and often less formal.

What happens if you go to trial and lose?

Your lawyer can tell you what to expect in the event you lose your case based on his experience with that judge and that judge’s reputation. … These judges usually do everything they can to get rid of the case prior to trial. So, if you make them go to trial, and you lose, you might pay the price.

Can you go to jail at your preliminary hearing?

It is very unlikely that you would go to jail at the preliminary hearing. The court’s job is not to find the defendant guilty or not guilty. … It is relatively rare for this to happen, so it is unlikely that you would go to jail at the preliminary hearing even if the prosecution presents sufficient evidence.

What happens to evidence after a trial?

Typically, evidence from cases that are not pending appeal will be destroyed three years after the date of disposition. But evidence from all capital cases are kept either until the defendant dies on death row or at the end of their life span in prison.

Do you get sentenced at a hearing?

Sentencing for a Felony or Misdemeanor In many other cases, if a defendant is found guilty and sentenced to jail at a hearing in the felony or misdemeanor court, they will be taken to jail immediately.

What happens at the first court hearing?

Your first court appearance is the time when the court tells you what charges you are facing and advises you of your constitutional rights, and the time when you tell the court how you wish to plead. … The charges are usually read aloud and you will be asked to enter a plea.

How is a hearing different from a trial?

A Hearing is any court session in which legal argument and/or evidence is presented to determine some issue of law or fact or both issues of law and fact. … A Trial is a court session in which primarily evidence is presented to the court so the court can determine some ultimate issue in the case.

What is the purpose of a court hearing?

1 : a proceeding of relative formality at which evidence and arguments may be presented on the matter at issue to be decided by a person or body having decision-making authority compare trial NOTE: The purpose of a hearing is to provide the opportunity for each side of a dispute, and esp.

Is new evidence allowed in a trial?

Discovery of New Evidence The new evidence generally must: have been unknown to the defense during trial. not have been reasonably possible to discover before or during trial, and. be capable of causing a jury to reach a different verdict.