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Simple English definitions for legal terms
evidentiary hearing
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A quick definition of evidentiary hearing:
An evidentiary hearing is a type of court session where evidence is presented to help decide a case. This can include witnesses testifying and presenting facts or arguments. It can be held in different types of legal proceedings, such as criminal cases, child custody hearings, or administrative hearings. The purpose is to help the judge or decision-maker make a fair and informed decision based on the evidence presented.A more thorough explanation:
An evidentiary hearing is a legal proceeding where evidence is presented to a judge or decision-maker to help them make a decision. This type of hearing is different from a hearing where only legal arguments are presented.
Examples of evidentiary hearings include:
- A hearing in a criminal case to determine if evidence was obtained legally
- A hearing in a child abuse or neglect case to determine if a child should be removed from their home
- A hearing in an administrative law case where a person presents arguments to an agency decision-maker
These examples illustrate how an evidentiary hearing is used to present evidence and help a decision-maker make an informed decision.