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Hearing vs Trial: What's the Difference?

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What's the difference between a hearing vs a trial? We interviewed a civil lawyer to find out.

0:00 Intro
0:37 What is the difference between a hearing and trial?
1:15 Motion hearings
1:57 What happens at trial?
3:09 Recap
3:59 Wrap up


In this video, we asked attorney Sarah Wolk to explain the difference between a hearing and trial in California. Here's what we learned:

The main difference between a trial and a hearing lies in their purpose and proceedings.

Hearings are generally less formal than trials and are characterized by a more active role of the judge, who guides the proceedings and makes interim decisions. The outcomes of hearings are not final resolutions but can significantly influence the direction and dynamics of the eventual trial. Understanding these differences is key for anyone preparing to face court proceedings, as trials demand more comprehensive preparation in terms of evidence and strategy, while hearings focus more on the procedural aspects of a case.

A trial is the conclusive phase of a case, where a final outcome is determined. It's a formal process involving the presentation of evidence, witness testimonies, and arguments by both parties. The judge in a trial mainly oversees the procedure, rules on objections, and ensures legal norms are followed, often in the presence of a jury. Unlike what's typically portrayed in TV shows, trials are substantial proceedings that require thorough preparation from both sides. Hearings, on the other hand, occur prior to the trial and serve various procedural roles. These include status conferences to monitor the case’s progress and motion hearings to resolve specific legal matters.

ABOUT: Sarah Wolk is the Managing Partner and founding Partner at Wolk & Levine, LLP, a boutique law firm providing quality legal services to individuals and businesses in a diverse range of practice areas throughout California.
Website https://wolklevine.com/

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