hearing

Historically and in practice, in our own country at least, it has always included the right to the aid of counsel when desired and provided by the party asserting the right. The right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel.

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. —

The trial of a chancery suit. Akerly v. Vilas, 24 Wis. 165, 1 Am. Rep. 166; Galpin v. Critchlow, 112 Mass. 339, 17 Am. Rep. 176. The hearing in the English Chancery was 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 plaintiff’s leading counsel states the plaintiff’s case and the points in issue, and submits to the court his arguments upon them. Then the 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 counsel; 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 tho decree. 14 Viner, Abr. 233; Com. Dig. Chancery, (T 1, 2, 3); Danlell, Chanc. Pract. in Criminal Law. The examination of a prisoner charged with a crime or misdemeanor, and of the witnesses for the accused. See Examination.

In equity practice. The hearing of the arguments of the counsel for the parties upon the pleadings, or pleadings and proofs; corresponding to the trial of an action at law. The word "hearing" has an established meaning as applicable to equity cases. It means the same thing in those cases that the word "trial" does in cases at law. And the words "final hearing" have long been used to designate the trial of an equity case upon the merits, as distinguished from the hearing of any preliminary questions arising in the cause, and which are termed "interlocutory." Akerly v. Vilas, 24 Wis. 171, 1 Am. Rep. 166.

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

— Final hearing. See Final.

That stage of proceeding in a cause in equity which consists in th6 hearing of the arguments of counsel and which corresponds to the trial of a cause at law.