hearing

A proceeding of relative formality (though generally less formal than a trial), generally public, with definite issues of fact or of law to be tried, in which witnesses are heard and evidence presented. It is a proceeding where evidence is taken to determine issue of fact and to render decision on basis of that evidence. People v. Ivenditti, 276 C.A.2d 178, 80 Cal.Rptr. 761, 762.

The parties proceeded against or otherwise involved have right to be heard, in much the same manner as a trial and such proceedings may terminate in final order.

See e.g. 5 U.S.C.A. No. 556.

It is frequently used in a broader and more popular significance to describe whatever takes place before magistrates clothed with judicial functions and sitting without jury at any stage of the proceedings subsequent to its inception (see preliminary hearing, below), and to hearings before administrative agencies as conducted by a hearing examiner or Administrative Law Judge. As to the later type, it consists of any confrontation, oral or otherwise, between an affected individual and an agency decision-maker sufficient to allow individual to present his case in a meaningful manner. Gray Panthers v. Schweiker, C.A., 652 F.2d 146, 151, 209 U.S.App.D.C. 153.

The introduction and admissibility of evidence is usually more lax in a hearing than in a civil or criminal trial (see e.g., 42 U.S.C.A. No. 405(b) which provides for admissibility of evidence at social security hearings that would otherwise be inadmissible at regular trial).

Hearings are extensively employed by both legislative and administrative agencies and can be adjudicative or merely investigatory. Adjudicative hearings can be appealed in a court of law. Congressional committees often hold hearings prior to enactment of legislation; these hearings are then important sources of legislative history.

See also administrative hearing

- detention hearing

- fair hearing

- full hearing

- omnibus hearing.

- ex parte hearing (ex parte)

In criminal law. The examination of a person charged with a crime or misdemeanor, and of the witnesses for or against the accused;

See preliminary hearing, below.

@ hearing de novo

/hirii) diy nowvow/

Generally, a new hearing or a hearing for the second time, contemplating an entire trial in same manner in which matter was originally heard and a review of previous hearing. Trying matter anew the same as if it had not been heard before and as if no decision had been previously rendered. Ray v. Illinois Racing Bd., 1 Dist., 113 Ill.App.3d 510, 69 Ill.Dec. 451, 454, 447 N.E.2d 886, 889.

On hearing "de novo" court hears matter as court of original and not appellate jurisdiction. Collier & Wallis v. Astor, 9 Cal.2d 202, 70 P.2d 171, 173

@ hearing examiner

Generally, a civil service employee of an administrative agency whose responsibility is to conduct hearings on matters within the agency's jurisdiction.

See e.g. 5 U.S.C.A. No. 556(b). Now called "Administrative Law Judge" (q.v.) in the federal government

@ hearing officer

See Administrative Law Judge

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