You may have heard the term “hearing” before as it relates to law. A hearing is a court proceeding when a particular issue is brought before a judge to determine the outcome of that specific issue. You may have heard this term before and not fully understood it. This article outlines what issues go before a judge for a hearing and what occurs at the hearing.
What is Heard at a Hearing?
As mentioned above, a hearing is a court proceeding. This court appearance can take anywhere from five minutes to several hours. However, a hearing typically addresses one issue of the case rather than the entire outcome of a personal injury case. A hearing occurs when the attorneys for the parties are unable to come to an agreement on an issue or the law. When this disagreement occurs, the attorneys ask the judge to determine the resolution of that particular issue. For example, one attorney may want to take a compulsory medical examination of the plaintiff. While this is permitted under the Florida Rules of Civil Procedure, the attorneys may disagree about paperwork that needs to be filled out prior to the examination or where the examination will take place. If the attorneys cannot agree, then they set the issue(s) for hearing before the assigned judge.
What Happens at a Hearing?
At the hearing, the attorneys for the parties will have an opportunity to present their side. Attorneys argue the applicable law that supports their position and why a certain law or rule may or may not apply in this case. The judge has an opportunity to ask questions after hearing all arguments made by the attorneys for the parties. After the argument, the judge will then enter a ruling on the issue in dispute.
Do the parties have to attend hearings?
Typically, parties do not have to attend hearings in personal injury cases. Present at the hearings are the attorneys for the respective parties, the judge, and a court reporter. The judges also usually have their clerk present for the hearings to make notations for the judges as needed. The only hearings parties would need to be present for is if the hearing calls for testimony by the parties.
What Happens after a Hearing?
After a hearing and after the judge rules on the issue before him or her, the judge will then enter an order in the case. This order instructs the attorneys what will occur with respect to the issue in dispute. For example, if their was a dispute as to the location of a medical examination, the order will set forth where the medical examination is permitted to take place.
At Snedaker Law, we handle hearings almost on a monthly, if not weekly basis. Our attorneys have the experience necessary to conduct hearings for the benefit of our personal injury clients. If you have been involved in a car accident or other type of personal injury incident, schedule your free consultation with the attorneys at Snedaker Law.