Differences Between Court Hearings & Conferences

Legal conferences and hearings have different purposes.

A legal case usually consists of three separate stages. The first is the pre-trial phase, during which lawyers from all sides attempt to get as much information from each other as possible to prepare for trial. The second stage is the trial itself, where the lawyers question witnesses to elicit information for their arguments. The third stage is the post-trial stage, in which the losing party decides whether it will appeal the adverse decision. During the pre-trial phase, conferences are held to deal with procedural issues. Hearings are used to decide legal issues.

Status Conference

After all parties have filed their claims, the next step usually involves the judge trying to organize the rest of the case. At this conference, the judge asks all parties where in the discovery process they are. Discovery is the means used by lawyers to gather information from people other than their clients. At this conference, the judge sets a deadline for all discovery to be submitted and a date for the trial.

Issue Conference

The judicial system is not able to handle every case fully through to the trial stage. Trials cost a lot of money to the courts and to the parties involved. In many instances, it's best to try to settle a case before getting to the trial phase. Judges can call an issue conference to sit down with the lawyers and look through the facts and the law. The judge informally evaluates each side's case and encourages the party with the weaker case to settle.

Other Reasons for Conferences

If neither party wants to settle the case, the judge can call a conference so that both sides can discuss what applicable law or facts both sides agree on. The purpose behind such conferences is to limit what each side will argue at trial. If a certain law or fact is agreed on by each side before trial, the issue will not have to be argued at trial, saving time.

Hearings

Conferences resolve non-legal issues or those that all parties agree on in order to organize the trial. Hearings, on the other hand, try actual legal issues. For example, if one party argues that a contract is not binding because its name is not on the document, the judge calls a hearing, evidence is introduced and testimony can be given. The result of a hearing is a formal judgment by the trial judge, and the decision will be final and binding unless one party appeals the decision.

References

• How Courts Work