Hearing and trial are legal terms often used interchangeably, but they are not synonymous. Both are courtroom proceedings that occur during the pendency of a case, but there are key differences between the two.
Key Takeaways
- Hearing is less formal and often shorter than a trial.
- Trials involve a more extensive presentation of evidence, while hearings are mostly oral and may involve testimonies and witnesses to a smaller extent.
- Hearing is typically before a single judge, while a trial can involve either a judge or a jury.
A trial is a formal court proceeding where a jury or a judge listens to the facts and evidence presented by the disputing parties and decides on the verdict. Trials can be civil or criminal, and they can be conducted as a bench trial with a single judge or as a jury trial with multiple competent individuals.
On the other hand, a hearing is a less formal legal proceeding that takes place in a law court, in front of a judge. It allows parties to present their facts and information, and it may involve testimonies by witnesses to help the judge make a preliminary analysis of the case. Hearings are mostly oral and aim to help judges reach a decision without the necessity of a trial. There may be a series of hearings before a case reaches the trial stage.
Comparatively, trials are more expensive than hearings, and they involve the last court appearance, settling the case once and for all.
