An evidentiary hearing is a trial, albeit not trial of you may expect from watching Law and Order.
This trial may be on one specific question or a number of questions. Evidence is considered by the judge to determine the facts of the case and the application of the law to those facts in the case, at which point the judge makes a ruling from what was presented to him or her.
Your lawyer will work with you to gather what evidence can be gathered and then present the evidence to the judge. The opposing party can present their own evidence. The judge will the decide on what the outcome is by either granting the motion, denying the motion, or perhaps requesting further evidence at a later date.
Once decided, your case will continue subject to the results of the motion. There may be things you need to do, things a creditor needs to do, or in some cases, if a motion to dismiss which is granted, your case would dismiss.
So what happens if you your case is dismissed?
What is an evidentiary hearing?
| Articles
