Hearing vs. Trial: Key Differences You Need to Know
Hearings are informal court proceedings that decide specific aspects before trial. Trials are formal proceedings where final verdicts are determined. Never ignore any court Summons or hearing notice, as all proceedings can significantly impact your case outcome.
Answer Your LawsuitPopular culture uses the terms interchangeably. But hearings and trials are different court proceedings.
A trial is a type of hearing. However, many other court proceedings are labeled hearings. Understanding the key differences can help you win your case.
Don't Let a Hearing Deadline Pass You By
Missing a hearing or failing to file your Answer can result in automatic default judgment. Respond to your debt lawsuit today before the deadline expires.
Respond NowCivil cases include several hearings from filing to verdict. But only one trial occurs for each court case. A judge or jury presides over the trial. In criminal cases, the District Attorney files charges. The case proceeds to trial unless a plea bargain is reached.
What Is a Hearing?
A hearing is any court procedure before a judge.
Hearings start early in lawsuits. They determine whether a case should proceed to trial. Even scheduling meetings between a judge and attorneys count as hearings.
Hearings are less formal than trials. The judge does not deliberate on guilt. Hearings only decide on particular aspects before trial begins.
In debt collection lawsuits, you face these hearings:
- Scheduling hearings
- Motion hearings
- Preliminary hearings
Scheduling Hearings
The judge must set essential dates before trial. Deadlines for evidence collection and trial dates get determined here.
The court may require both parties to attend. Be present at scheduling hearings. You need to confirm your availability for all set dates.
Motion Hearings
A motion is any request to the court. Either party can file one during the lawsuit.
You can request the court to rule out a witness. You might ask for a Motion for Summary Judgment without trial.
The judge arranges for both parties to present their views. The judge then grants or denies the motion based on facts presented.
Preliminary Hearings
The court arranges a mini-trial to decide if the case continues. Attend your debt collection lawsuit preliminary hearing.
You can participate in talks with the judge and plaintiff. But you must send your Answer first.
Our partner Solo helps you respond to debt lawsuits in minutes.
Example: Paul files his Answer successfully for his debt lawsuit. When he learns about a preliminary hearing, he ignores the Summons. He thinks it’s not as important as the actual trial. Paul is in danger of losing his case. The judge may issue a default judgment against him for disrespectful actions.
What Is a Trial?
A trial is a hearing where the final verdict gets decided.
Both parties present their arguments at trial. The court examines evidence and listens to witnesses.
At the end, the court or jury decides for or against the defendant. The verdict is final unless one party appeals.
Trials can be bench trials or jury trials.
A bench trial is when a judge hears the facts and reads the verdict.
In a jury trial, the judge and jury are both present. The jury gives the verdict. The judge ensures all parties follow the rules.
Most debt collection lawsuits are bench trials. Either party may request a trial by jury. For example, in Alaska, you must send a written request within ten days of filing the Answer.
Jury selection and trials take significant time. The proceedings are complicated and may require a lawyer. Most consumers prefer to present their case before a judge.
You can represent yourself in your debt collection lawsuit. Our partner Solo makes responding to debt collectors easier.
The Fundamental Difference Between Hearing and Trial
Hearings do not decide a case. Trials result in a verdict.
Hearings have no cross-examination of witnesses or evidence. Trials dedicate significant time to presenting evidence and witness accounts.
Hearings are usually informal and short. Trials are formal, intense, and lengthy.
All court proceedings are essential. Don’t ignore any Summons.
How to Prepare for Hearings and Trials
Hearings focus on procedural aspects of your case. Trials demand comprehensive preparation in evidence and strategy.
The judge plays an active role in hearings. They guide proceedings and make interim decisions. Hearing outcomes influence the direction of your eventual trial.
Trials are the conclusive phase of a case. They involve presenting evidence, witness testimonies, and arguments by both parties. The judge oversees the procedure and rules on objections.
Prepare thoroughly for both. Hearings can significantly impact your case outcome. Trials require full documentation and legal strategy.
Your Options for Debt Collection Lawsuits
You have several options when facing debt collectors in court.
File an Answer to respond to the lawsuit. The deadline is typically 14 to 30 days from receiving the Summons.
File a Motion to Compel Arbitration to force the case out of court. Many credit card agreements include arbitration clauses.
Negotiate a settlement before trial. You can often settle for less than the full amount claimed.
Represent yourself or hire an attorney. Most debt collection cases are straightforward enough for self-representation.
Don’t ignore court dates or Summons. Default judgments happen when you fail to respond or appear.