The Online Asbestos, Asbestos Cancer, & Mesothelioma Authority
Hearing
A hearing is a formal legal proceeding, held before a judge, which is often held as part of preparation for a full civil or criminal trial. During a hearing, the parties to a legal action may present evidence and arguments that may assist the judge in determining whether or not a trial is even warranted.
A hearing may also be held prior to the opening of a trial in order to ask the judge to decide on a specific issue on an interim basis. The most familiar examples are the issuance of a temporary restraining order, which legally prohibits one party from harassing, intimidating or even communicating with the other until a second preliminary hearing is held, and the award of temporary custody of a minor child in divorce cases.
A judge may also be asked to issue an injunction, which is similar to a restraining order, but broader in scope. An injunction is a court order that either restrains a party from taking a particular action, or - in the case of mandatory injunctions - requires the party to carry out an action.
Injunctions may be either temporary or permanent. Temporary injunctions are usually called interlocutory or preliminary injunctions, and are usually issued pending consideration of the given matter later at trial. An example here would be a case in which a terminally ill patient expresses a wish to terminate his or her treatment, and family members or the overseeing doctor feel this would not be in the patient's best interests. In such a case, the judge might issue an injunction to continue treatment pending the outcome of the trial.
In the case of a mandatory injunction - usually issued after a trial has concluded - the court may order the patient to continue treatment, or the doctor to continue providing it.