legal-terms
What is the definition of a trial?
<p>Does it refer to a series of final hearings in a case that will have followed any other preliminary hearings on subsidiary issues?</p>

<h3>General Considerations</h3>
<p>A &quot;<strong>trial</strong>&quot; (when used in the sense of the word as a court proceeding in a common law legal system) is a subset of a category of live court proceedings at which a judge is present, in a court of first instance (i.e., in a trial court) called &quot;<strong>hearings</strong>&quot;. Some legal proceedings outside of the court system are also called &quot;hearings&quot; as discussed below.</p>
<p>More particularly, trials are a subset of hearings called &quot;<strong>evidentiary hearings</strong>&quot;, which are live court proceedings in a court of first instance at which a judge is present, during which testimony and documentary evidence and other physical evidence may be presented to the court.</p>
<h3>Proceedings at which evidence is not received</h3>
<p>Not all decisions in a court case are made in hearings and trials. Some decisions are made by court clerks and judges in &quot;<strong>motion practice</strong>&quot; based upon documents submitted to the court by the parties in a case. Motion practice occurs in both civil and criminal cases. Often matters raised in motion practice are resolved by a judge without oral argument or a hearing. A hearing only has to be held after motion practice when the resolution of the motion requires resolving disputed issues of material facts presented in motion practice.</p>
<p>An in person (or live remote) proceeding before a judge at either the trial court level or in another court, in which evidence is not received and the judge instead hears only argument from counsel, is never a &quot;trial&quot;. It is usually called a &quot;<strong>hearing</strong>&quot;, an &quot;<strong>oral argument</strong>&quot;, or a &quot;<strong>conference</strong>&quot;.</p>
<p>An &quot;oral argument&quot; is limited to argument from counsel (and questions from a judge or judges to counsel) regarding &quot;motion practice&quot; or an appeal (which apart from oral arguments is resolved through the filing of appellate briefs that are basically motions, and through motion practice). Oral arguments on motion practices and in appeals are usually held only in the discretion of the court, if the court feels that these oral arguments would be helpful to the court in resolving the case.</p>
<p>A &quot;conference&quot; at which the parties and/or counsel are present normally resolves procedural mattes only (especially scheduling and discovery and pre-trial preparation), and usually does not involve resolution of non-procedural disputes in the case.</p>
<p>A live proceeding involving more than one judge at which the parties to the action are not present and their representatives are not present is called a &quot;<strong>conference</strong>&quot;.</p>
<h3>Evidentiary proceedings without a judge or arbitrator present</h3>
<p>A proceeding in a court case or alternative dispute resolution proceeding, in which sworn testimony and/or documents are received outside the presence of a judge which is not before a grand jury, is usually called a &quot;<strong>deposition</strong>.&quot;</p>
<p>A proceeding in a court case in which sworn testimony and/or documents are received outside the presence of a judge before a grand jury is sometimes called a &quot;<strong>grand jury proceeding</strong>&quot;, a &quot;<strong>session of a grand jury</strong>&quot;, or is less often sometimes called a &quot;<strong>hearing</strong>.&quot;</p>
<h3>Trials v. evidentiary hearings in trial court cases</h3>
<p><strong>Distinguishing &quot;trials&quot; from &quot;evidentiary hearings&quot;</strong> in a court of first instance (i.e. a trial court) is partially a logical distinction based upon what happens at the hearing, but <strong>is mostly a matter of custom and tradition.</strong></p>
<p>The main principles for distinguishing a trial from a hearing or other similar court proceeding are as follows:</p>
<p><em>General classification rules for evidentiary hearings</em></p>
<ul>
<li><p>All evidentiary hearings in court in which a judge  and a jury are part of the process are called &quot;<strong>jury trials</strong>.&quot;</p>
</li>
<li><p>All evidentiary hearings in court before a judge or judges without a jury, that could have been jury trials if the parties had properly demanded a jury, are &quot;<strong>bench trials</strong>&quot; a.k.a. &quot;<strong>trials to the court</strong>.&quot;</p>
</li>
<li><p>Some evidentiary hearings in court before a judge or judges in a court without a jury in a civil matter that could not have been jury trials, are nonetheless called &quot;<strong>bench trials</strong>&quot; or &quot;<strong>trials to the court</strong>&quot;, if they resolve the core disputes claims in a case on the merits in a type of case that historically did not usually arise only in courts of equity.</p>
</li>
</ul>
<p><em>Classifying evidentiary hearings in criminal cases</em></p>
<ul>
<li><p>In criminal cases, the term &quot;trial&quot; normally refers to an evidentiary hearing for the purpose of resolving the issue of guilt or innocence with respect pending criminal charges on the merits.</p>
</li>
<li><p>Evidentiary hearings in criminal cases regarding sentencing or any other matters besides resolution on the merits of the question of guilt or innocence are called &quot;hearings&quot; (even if the hearing could result in the dismissal of the charges on procedural grounds or for lack of probable cause).</p>
</li>
</ul>
<p><em>Classifying evidentiary hearings in non-criminal court cases</em></p>
<ul>
<li><p>In court cases other than criminal cases, the term &quot;trial&quot; normally refers to an evidentiary hearing held for the purpose of resolving the issue of liability and damages with respect to the pending civil claims in a civil lawsuit on the merits.</p>
</li>
<li><p>In an eviction case, the prompt evidentiary hearings held before a judge solely to determine the issue of whether the person seeking possession of real property is entitled to it, are usually called &quot;<strong>eviction hearings</strong>&quot; rather than &quot;trials&quot;. This is because this preliminary and prompt hearing does not resolve the question of the amount of money damages, if any, that will be awarded to the parties in the case.</p>
</li>
<li><p>Evidentiary hearings in civil cases held before a resolution of the case finally on the merits, such as evidentiary hearings regarding temporary restraining orders and preliminary injunctions are usually called &quot;hearings&quot;.</p>
</li>
<li><p>Evidentiary hearings in a civil cases to decide procedural matters other than the final resolution of the claims in the case, such as whether an expert witness should be allowed to testify at trial, or whether a case should be referred to arbitration, are called &quot;hearings&quot;.</p>
</li>
<li><p>Evidentiary hearings in a civil case held after the trial in a case is concluded, such as evidentiary hearings concerning the amount of attorney fees or costs that should be awarded to a prevailing party, or requests to set aside a court judgment due to events that happened outside of the trial, are called &quot;hearings.&quot;</p>
</li>
<li><p>Evidentiary hearings that are heard by a judge in areas of law that are historically in the equity jurisdiction of a court are often called &quot;hearings&quot; rather than &quot;trials&quot; (unless they are considered in an evidentiary hearing that is also resolving on the merits the issues of liability and damages that if considered by themselves would be called a &quot;trial&quot;). For example, the concluding evidentiary hearing on the merits in a divorce case that becomes the basis for resolving questions of property division, alimony, child support, and child custody, are usually called &quot;<strong>permanent orders hearings</strong>&quot; rather than &quot;trials.&quot; Similarly, most evidentiary hearings held in cases involving guardianship, conservatorship, probate, or pretty much any other kind of case that is initiated by a &quot;petition&quot; (rather than by a &quot;complaint&quot; or an &quot;indictment&quot;) is usually called a &quot;hearing&quot; if if this evidentiary basis is the forum in which the evidence used to finally resolved the disputed claims in the case on the merits occurs.</p>
</li>
</ul>
<h3>Classifying evidentiary hearings not held in court cases</h3>
<ul>
<li><p>Proceedings at which evidence is taken before an administrative agency, as opposed to a court, at which one or more administrative decisions makers or administrative judges is present, are usually called &quot;<strong>hearings</strong>&quot; rather than &quot;trials.&quot;</p>
</li>
<li><p>Proceedings at which evidence is taken in an arbitration proceeding, as opposed to a court, at which one or more arbitrators is present, are usually called &quot;<strong>hearings</strong>&quot; rather than &quot;trials.&quot;</p>
</li>
<li><p>A proceedings held pursuant to the Uniform Code of Military Justice at which evidence is taken for the purpose of making decisions on the merits regarding the validity of charges of violations of the Uniform Code of Military Justice and the appropriate punishment for the charges if they are found to be valid, is called a &quot;<strong>court martial</strong>&quot; (of which there are several subtypes). The term &quot;court martial&quot; is somewhat slippery, however, because it is used to refer to both an entire military justice case in one sense of the term, and to the trial-like event that occurs in the course of a military justice case in another sense of the term.</p>
</li>
<li><p>Alternative dispute resolution proceedings for the purposes of reaching a mutually agreed resolution at which no binding decision on the merits can be made without the agreement of the parties are usually called &quot;<strong>mediations</strong>.&quot;</p>
</li>
</ul>
