Hearing

In legal contemplation, the word hearing, when used in connection with the trial of a lawsuit, includes not only the listening to the examination of the witnesses but the entire judicial examination of the issues, both of law and of fact, between the parties.

155 111. 232.

Consequently the word embraces the listening to the arguments of counsel on both sides if oral arguments are made and the reading of the arguments if written or printed arguments are presented; and, also, the consideration of these arguments in respect to both points of law and of fact.

151 111. App. 505, 506.

In- Chancery Practice. The trial of a chancery suit. The hearing is conducted as follows: When the cause is called on in court, the pleadings on each side are opened in a brief manner to the court by the junior counsel for the plaintiff; after which the plaintifif's leading counsel states the plaintiff's case depositions (if any) of the plaintiff's witnesses, and such parts of the defendant's answer as support the plaintiff's case, are read by the plaintiff's solicitor; after which the rest of the plaintiff's counsel address the court. Then the same course of proceedings is observed on the other side, excepting that no part of the defendant's answer can be read in his favor if it be replied to. The leading counsel for the plaintiff is then heard in reply; after which the court pronounces the decree.

Newland, Prac. 153, 154; 14 Viner, Abr. 233; Comyn, Dig. "Chancery" (T. 1, 2, 3); Daniell, Ch. Prac. —

In Criminal Law

The examination of a prisoner charged with a crime or misdemeanor, and of the witnesses for the accused.

See Examination.