Thursday, May 13, 2010

What is the purpose of a hearing in civil case?

Why would written motions be insufficient to make determinations?What is the purpose of a hearing in civil case?
Some states require that written motions be argued in open court. Federal courts do not usually hear civil motions unless the judge requests it.





In California, courts routinely announce their rulings and the parties may appear at a hearing on it, but if they don't the court makes it the final order.





Its a matter of constitutional procedure for that system dependent on how each state guarantees due process.What is the purpose of a hearing in civil case?
If either the motion or the response puts some fact at issue, then a hearing is necessary. For instance, the plaintiff files an affidavit of service. A defendant moves to dismiss and claims he never got served with the complaint within the time allowed by law. The court will have to determine which is true. In addition, sometimes there is a question of law and the court determines that arguments would help resolve the question.
I am guessing you live in the US____________________-





Our court system is broken ! Just a way to rack up more time and money for the attorneys . Most things are decided outside of the courtroom . Much of the time it does not matter WHAT evidence you present. It's like role playing .


Judges and attorneys are a breed of their own .


In Lg. Cities it is better . They tend to go by the rules , but small towns it is a dirty joke . Small towns make up the rules as they go along .





I am sorry for you that you are in the court system. I hope things go well for you . But most of all , I hope they do not break you first by dragging it out in the courts .

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