The Free Dictionary indicates that a show-cause hearing is a legal proceeding in which a party to a legal action appears in court and provides reasons why the court should not take proposed action. Show-cause hearings usually occur following the application of a third party requesting specific relief, such as a request for a temporary restraining order or in other situations when time is of the essence.Know More
A show-cause hearing occurs in response to a show-cause order or a motion to show cause. According to The Free Dictionary, this type of proceeding is similar to a motion, and it is one in which one party to a legal action asks the court to order the other party to comply with an order or request. For example, in a civil dispute, both parties typically must produce certain documents relevant to the case. If one of the parties fails to do so in a timely manner, the court may issue a show-cause order requiring the offending party to come to court and demonstrate why it has not complied.
According to NOLO's DivorceNet, show-cause hearings also are common in divorce proceedings when issues of custody, visitation, alimony and child support arise. For example, in a case in which a custodial parent fails to abide by a visitation agreement, the noncustodial parent may file an application requesting a show-cause hearing. During this hearing, the custodial parent must provide legal reasons for breaching the agreement.Learn more about Law
Depending on state law, civil cases allow individuals to schedule hearings by filing a motion, or noticed motion, according to the Superior Court of California. Motions are often urgent, and when using the ex parte motion, the opposing party is quickly given notice of an upcoming hearing.Full Answer >
The term "case dismissed" is used by courts to end a legal action prior to completing the trial process, according to USLegal. This action may occur prior to the start of the trial or during the trial in response to a filed motion.Full Answer >
A preliminary hearing determines whether there is enough evidence to force an individual to stand trial, but it does not determine guilt or innocence. According to Nolo, a preliminary hearing allows both the prosecution and the defense to outline their cases, although the defense is not obligated to present information.Full Answer >
A disposition hearing is the sentencing phase of a juvenile court proceeding during which time the defendant enters treatment, training or rehabilitation, according to USLegal. This type of hearing occurs after the juvenile case is adjudicated properly in a state or local court system. A sentence is made at the disposition that determines what happens to the juvenile suspect after the court case is resolved.Full Answer >