Hearing Vs. Trial

Legal Expert, Paralegal
Dena Standley, BA

Dena Standley is a seasoned paralegal with more than 20 years of experience in legal research and writing, having received a certification as a Legal Assistant/Paralegal from Southern Technical College.

Edited by Hannah Locklear

Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: Hearings and trials are court proceedings that happen before a judge. But they differ in purpose, formality, and process.

The confusion between a hearing and a trial results from popular culture using the terms interchangeably. A trial is a type of hearing, but numerous other court proceedings are labeled hearings, and understanding the key differences is crucial.

In civil cases, there are several hearings from when the plaintiff files a complaint until the verdict. But there is only one trial for each court case. A judge or a jury presides over the trial. In criminal cases, it is the District Attorney who files charges, and the case proceeds to trial unless a plea bargain is reached.

In this article, we will clear the confusion between trial and hearing. Let’s get right to it.

Settle your debt to avoid going to trial.

If the thought of going to court over an unpaid debt sounds miserable to you, you're not alone. Most creditors and debt collectors would rather settle debt before going to trial too. SoloSettle makes this process easier.

Settle my debt.

What is a hearing?

A hearing is any court procedure that takes place before a judge.

Hearings start early in the lawsuit to determine whether a case should proceed to trial. Even the meeting to schedule court dates between a judge, the plaintiff (or plaintiff's attorney), and the defendant (or defendant's attorney) is a type of hearing.

Hearings are generally less formal when compared to a trial. Also, the judge or jury does not deliberate on whether the accused is guilty. Hearings only serve to decide on particular aspects of the lawsuit before an actual trial can begin.

In a civil case, such as a debt collection lawsuit, you can have the following hearings:

Scheduling hearings
Hearings on motions
Preliminary hearings, etc.

Here is a summary of what these hearings involve.

Scheduling hearings

Before the trial can begin, the judge must decide on essential dates—for example, the deadline for collecting evidence and the trial date.

To set the best dates for everyone, the court may require that the plaintiff and the defendant (or their representatives) be present at the scheduling. It's best to be present at the scheduling hearing so that you can confirm that you will be available to attend court on set dates.

What happens at a motion hearing?

A motion is any request to the court to perform a specific action. Either party can file one during the lawsuit.

There are numerous motions. You can request the court to rule out a witness, or you might ask that the court rule on a Motion for Summary Judgment without a trial.

Upon receiving the petition, the judge will arrange for both parties to present their views. Such a meeting with the judge is an example of a motion hearing. The judge then grants or denies the motion based on the facts both parties present at the hearing.

Preliminary hearings

The court arranges a mini-trial (preliminary hearing) to decide if the case should proceed to the actual trial. You should attend your debt collection lawsuit preliminary hearing because it allows you to participate in talks with the judge and plaintiff.

Keep in mind that you must send the Answer first.

Sued by a creditor? Create your Answer in minutes.

Let’s look at an example.

Example: Paul does well in filing the Answer for his debt collection lawsuit. However, when he learns that he should attend a preliminary hearing, he ignores the Summons thinking that it’s not as important as the actual trial. Paul is in danger of losing his case. If the judge decides his actions are disrespectful, the court may issue a default judgment against him.

What is a trial?

A trial is a “hearing” because it's a court proceeding before a judge. However, it is an intense kind of hearing where the final verdict of the case will be decided.

Both parties present their arguments at a trial, and the court examines the evidence and listens to witnesses' accounts.

At the end of a trial, the court, or jury, decides in favor of or against the defendant. The verdict is final unless one party appeals.

A trial can be:

Bench trial
Jury trial

A bench trial is when a judge (or a panel of judges) hears the facts of a case and reads the verdict.

In a jury trial, the judge and jury are present at the deliberations. But the jury gives the verdict. The judge ensures that all parties play by the rules. They also decide which evidence the jury should consider.

Most debt collection lawsuits are bench trials. But either party may request a “trial by jury.” For example, in Alaska, you must send a written request within ten days of the defendant filing the Answer.

Remember that jury selection and trials can take a lot of time. The proceedings are also complicated and may require you to hire a lawyer. That's why most consumers prefer to present their case before a judge.

You can represent yourself in your debt collection lawsuit.

The fundamental difference between hearing vs. trial

A court hearing differs from a trial because hearings do not decide a case, while an actual trial results in a verdict.

There is no cross-examination of witnesses or evidence at a hearing, whereas the presentation of evidence and witness accounts for a significant part of the trial. Additionally, hearings are usually informal and last a short time. On the other hand, trials are typically formal, intense, and lengthy.

All court proceedings are essential. So, don’t ignore any Summons. Let SoloSuit help you avoid a trial by filing your Answer or a Motion to Compel Arbitration to force debt collection cases out of court.

To learn more about the difference between a hearing and trial, we asked an attorney. Watch the video below to learn more or read below for the key takeaways from this attorney interview:

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.

Win your debt collection lawsuit.

What is Solo?

Solo makes it easy to resolve debt with debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt. SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

SoloSettle can help you contact your debt collector or creditor and negotiate the debt to settle for less, all online. It simplifies and streamlines the process to settling your debt.

No matter where you find yourself in the debt collection process, Solo is here to help you resolve your debt.

Respond with SoloSuit

Get Started

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

How to Answer a Summons for debt collection in all 50 states

Here's a list of guides on how to respond to a debt collection lawsuit in each state:

The Ultimate 50 State Guide

Debt collector guides

Are you being contacted by a debt collector? We’re making guides on how to resolve debt with each one.

Arbitration

If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

Bankruptcy

Bankruptcy is a great way to legally resolve debt, but it's usually best to consider it as a last resort. Here are some bankruptcy guides to help you decide which debt resolution option is best for you.

Check your case status

Don’t have time to go to your local courthouse to check the status of your case? We’ve created state guides on how to check the status of your case throughout the US, complete with online search tools and court directories.

Credit

Debt has a big impact on your credit. Below is a list of guides on how to repair and improve your credit, even while managing major debt, along with other credit-related resources.

Debt collection FAQs

Find answers to some of our the most commonly-asked questions about debt collection below.

Debt collection documents and templates

If you're dealing with debt, these documents and templates will help you respond, protect your rights, negotiate, and resolve your debts.

Debt relief

We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.

Debt settlement

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created state guides on debt settlement. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

Eviction

Facing an eviction? The following guides will help you navigate your situation with confidence.

Federal debt collection laws

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

Legal aid

Helping people find access to justice is at the heart of Solo's misison. If you're dealing with a legal debt issue, the following guides will help you through it.

Medical debt

Having a health challenge is stressful, but dealing with medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.

Personal finance

Learn how to manage your finances and overcome crushing debt. Check out our personal finance guides below.

State debt collection laws

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

Statute of limitations on debt

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote guides on each state’s statutes and more.

Stop collection calls

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Wage garnishment

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in your state, plus other wage garnishment resources.

The Debt Hotline

Hosted by Team Solo, The Debt Hotline breaks down debt and personal finance topics with help from attorneys, financial experts, and industry pros. We respond to real questions to help you navigate debt with knowledge and courage.

Other debt resources

It only takes 15 minutes.

And 50% of our customers' cases have been dismissed in the past.

"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" - Heather