Difference between Hearing and Trial
Hearing and trial are types of proceedings in litigation. Though, they are same in nature and motive but still there are few technical differences in both courtroom proceedings. Those who understand the law properly differentiate them on the basis of several points.
Trial is a formal proceeding in which the jury decides the case after conducting a detailed inquiry. On the other hand, the hearing is less formal and shorter courtroom proceeding. Moreover, a hearing is a procedure in which the jury checks whether the issue can be resolved without trial or not. There can be several hearings before a trial but when it comes to the trial, the decision is always final.
Instructions
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Hearing:
Hearing is courtroom proceeding that is mostly conducted by a single judge. This type of inquiry allows both parties to present their case in less formal manner. The petitioner and the opponent both submit their testimonies and speak up their facts. Mostly, the hearing is conducted in an oral way so that both parties can present their point of view in a detailed manner. It is basically a procedure of preliminary analysis of the case in which a judge establishes and decides the potential offender. However, the ultimate judgment never comes in a single hearing. A judge can call both parties more than once to find the truth and ensure justice. There are several types of hearings such as civil and criminal. In civil hearing, the court decides the property, marriage and other disputes of public interest. On the other hand, punishable offences are dealt in criminal hearing.
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Trial:
Trial is a courtroom proceeding that is mostly conducted by a group of judges. This type of inquiry is called when both parties present their facts in written form and request the higher authorities to resolve the issue. It is a formal proceeding in which all the judges review the facts and pass a final judgment. As this demands a detailed perusal, that is why a trial takes much more time than any other courtroom proceeding. It is basically the final stage of a case where the jury declares someone as an offender or innocent. There are several types of trials such as civil and criminal. Similarly, a trial is called “jury trial” if a group of judges is conducting it whereas a “Bench Trial” is when only one judge is the authority.
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