Divorce Dex.com: Evidentiary Hearing

Definition Evidentiary Hearing - See Hearing on Merits.

Application in Divorce Popularly, the term hearing is used action before magistrates "clothed with judicial functions and sitting without jury at any stage of the proceedings subsequent to its inception..."

Generally, a hearing is a proceeding of formality, with definite issues of fact or law, where witnesses are heard and evidence is presented and a decision is rendered on the basis of that evidence.

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Texas Temporary Orders Hearing
In Texas, divorce cases typically have contested hearings within 2-4 weeks after a divorce has been filed. They are in essence, like mini-trials and the rules of evidence generally apply. A good divorce lawyer should be thoroughly familiar with this process and even more familiar with any "local rules" that the particular Judges hearing the case may have. The temporary hearings are never to a jury so all issues of fact and law, at that stage, will be submitted to the court.

Contributed on 8/5/2009 by: Austin Divorce FirmAustin, TX[Total Submissions: 1]
Category: Divorce Laws (Applicable in Texas)

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