Court Hearing Types + How Rev Can Help

Litigation is a fact of everyday life for many legal professionals. And where there is litigation, there are typically hearings. These formal court sessions are critical checkpoints in the legal process, helping ensure fairness, resolve disputes, and move cases forward.

While all hearings serve this broader purpose, the specifics of the proceedings may vary significantly. For attorneys, court reporters, judges, and many others in the legal field, understanding the nature of various hearings is a vital part of the job. 

Here are some of the most common court hearing types and the role they play in the legal system.

1. Arraignment Hearing

An arraignment hearing is the first formal step in a criminal case. Here, the defendant appears in court to hear the charges against them and learns about their legal rights. The judge may also lay out bail or release conditions and appoint legal counsel if the defendant hasn’t already chosen one.

Arraignment is also when the defendant enters a plea. A not-guilty plea moves the case forward to future hearings and potentially a trial, while a guilty plea may lead directly to sentencing. Though usually brief, this hearing sets the stage for how the case will proceed.

2. Bail Hearing

Bail — the conditions under which a person can be released while awaiting trial — is set by predetermined rules or at the judge’s discretion during the arraignment hearing. However, the prosecution or defense may sometimes request a bail hearing to ask for more strict or relaxed terms.

In a bail hearing, the judge considers factors like the defendant’s criminal history, the seriousness of the charges, and whether they’re a flight risk. They may require a specific sum of money for release, along with other conditions such as travel restrictions or curfews. Violent crimes, major drug offenses, or crimes involving significant amounts of money typically call for higher bail. Under current hearing law and court procedure, most defendants do not pay the full bail amount themselves.

3. Preliminary Hearing

Preliminary hearings typically occur a few weeks after arraignment and give the judge a chance to review evidence and determine if a case should proceed to trial. The name is somewhat misleading, given that it’s not the first hearing in a case. The O.J. Simpson trial is one example of a case that had a widely publicized preliminary hearing.

Here, the determining factor is probable cause. The prosecution must present enough evidence to show that a crime may have been committed. While the defense may cross-examine, this is not a full trial with a full docket of witnesses. 

4. Pretrial Hearing or Conference

Pretrial hearings or conferences are meetings held after a preliminary hearing and before a trial begins. Many pretrial hearings are a result of specific motions filed by attorneys involved in the case.

“The most common hearings we deal with are motions to dismiss, motions for summary judgment, motions to compel, and other routine pretrial motions,” says Travis McConnell, construction attorney with Ready Legal. “Each one plays a strategic role in shaping the direction of a case.”

These sessions help clarify the issues in the case, streamline the trial, and encourage settlement if possible. There’s typically a lot of evidence exchanged, and witness lists are finalized. In criminal cases, pretrial hearings may also address plea negotiations, evidentiary disputes, or bail adjustments. In civil cases, judges use these conferences to help both parties prepare and reduce unnecessary delays.

5. Motion Hearing

The prosecution and defense may file a range of motions at any time as a criminal or civil case progresses. These motions ask the court to decide on specific legal issues before trial, such as excluding evidence or dismissing charges, so it’s important to do proper prep work. 

“Preparation starts the moment the motion is filed,” says David Gammill, Attorney and founder of Gammill Law Accident & Injury Lawyers. 

“I draft an outline keyed to the required elements, plug each record cite under the element it supports, then rehearse answers to every probable question out loud. On the morning before the argument, I mark the three references that must be read into the record. A colleague plays the judge and pushes the strongest counterpoints until the answers feel automatic. Anyone can mirror that drill by building the outline early, rehearsing under pressure, and identifying the non-negotiable passages that anchor the ruling.” 

One particularly famous motion occurred during the Timothy McVeigh trial, when the defense requested — and won — a change of venue by arguing media coverage in Oklahoma created unfair conditions for a trial.

Motion hearings can significantly shape the direction of a case. For example, if a judge grants a motion to suppress key evidence, it might weaken the prosecution’s case or even lead to a dismissal. While not every motion requires a hearing, judges often hold them when the facts are in dispute or the legal issues are complex.

6. Settlement Conference

Settlement conferences are exclusive to civil cases and serve as a final attempt to resolve a case before going to trial. The parties meet with their attorneys and a judge or neutral mediator to discuss the strengths and weaknesses of their positions and explore possible agreements.

The mediator does not decide the case — that’s still up to the two parties at this stage — but they may offer guidance, suggest compromises, or point out legal risks to encourage resolution. If they do reach a settlement, they’ll put the terms in writing and submit them to the court. The court will typically approve the settlement and close the case, but it can deny a settlement in rare instances, such as when there are signs of coercion, illegal terms, or questionable arrangements in family law cases.

7. Trial

Trials are technically a type of hearing, but they’re distinct from other hearings in key ways. This is the main, comprehensive proceeding in which a judge or jury reaches a legally binding verdict. Where other hearings are more procedural and specific, the trial is designed to review the entire case as a whole and produce a final outcome. For lawyers and others involved in the case, that means preparation for trial is also notably different.

8. Sentencing Hearing

A sentencing hearing takes place after a defendant has been convicted or pleaded guilty in a criminal case. The judge chooses a punishment based on the defendant’s offense, criminal history, and other relevant sentencing guidelines. However, the sentence isn’t typically just handed down — prosecutors and defense attorneys may present arguments, and victims or the defendant may also speak.

Sentences can include fines, probation, community service, and incarceration. Judges may also require defendants to provide restitution to victims or undergo rehabilitation. While these rulings are up to the judge’s discretion, the hearing is meant to ensure the sentence is fair, proportionate, and informed by the law and the circumstances of the case.

9. Post-Judgment or Post-Conviction Hearing

Often, new issues arise after a case is resolved, calling for additional hearings to address these changes in circumstances. This is especially common in civil and family law cases, such as when a change in employment causes a defendant to seek to modify a spousal support order. Either party can request a post-judgment hearing if they believe there’s a valid legal reason to revisit or adjust the court’s decision.

One recent example that gained public attention was the drawn-out post-judgment hearings around the termination of Britney Spears’ conservatorship. Even though the conservatorship was officially terminated in 2021, hearings continued until 2024 to address legal fees, unresolved financial matters, and potential misconduct in the case.

Unique Hearings to Know

Many cases involve at least a few of the above court hearing types, but attorneys or court reporters may regularly attend a variety of other hearings in their everyday work. 

For instance, status hearings are often used to provide updates on the progress of a case and set deadlines. Likewise, evidentiary hearings for clarifying facts may take place at various stages of the process. When these occur during sentencing, they’re known as Fatico hearings.

Other hearing types are specific to certain types of cases or outcomes, such as:

• Competency hearings are used to determine if a defendant is mentally fit to stand trial.
• Restitution hearings are used to set an amount that a defendant must pay the victim.
• Habeas corpus hearings are used to challenge whether someone is imprisoned or detained. legally
• Probate hearings are used to handle the administration of a deceased person’s estate.
• Evidentiary hearings are used to determine whether certain evidence is admissible before or during a trial.
• Daubert hearings assess whether an expert witness’s scientific testimony is based on valid methods.
• Frye hearings evaluate whether scientific evidence is generally accepted by the scientific community relevant to the case.

Altogether, there are dozens of types of court hearings. As a legal professional, your specific field of practice will dictate how many kinds you must be familiar with.

The Typical Legal Process

Hearings can take place at various stages in the process of preparing, defending, or prosecuting a case. Exactly where they come into play depends on the type and nature of the case.

Here’s a look at the typical stages of criminal and civil cases — and how hearings often fit in as they progress:

Preparing for a Hearing

While the specific details involved in preparing for a hearing may vary based on the type of case, the general process is all about dialing in your arguments and getting to the point.  

“Anytime you appear in court, you should review your case and know the pertinent facts, the pros and cons of the liability situation, and your client’s medical records,” says Mitchel Ashley, Founder of The Ashley Law Firm.

“If there are complicated legal issues, you should have case law that supports your position. Having case law that also shows what similar cases have resolved for is helpful if any settlement discussions will be taking place.”

It’s a lot of work, but choosing the right legal tech can go a long way toward streamlining the process. A tool like Rev can provide AI summaries of important depositions or case meetings, saving your team countless hours of combing through transcripts and notes. Even after a trial, you can use Rev to generate a fast, accurate legal transcript for review in case you need to prepare for a sentencing hearing or a Fatico hearing.

Common Misconceptions

Hearings are commonly portrayed in film and TV shows, which can create a misconception that all such proceedings are high stakes and high drama. In reality, most hearings are brief, procedural, and straightforward. Many hearings don’t involve both the prosecution and the defense or even require in-person participation. Remote hearings have become much more common nowadays, with some states even making them a permanent option since the pandemic.

Perhaps the most common point of confusion is around the idea of hearings vs. trials. In simplest terms, a trial is a type of hearing. However, the trial itself is much more involved (and consequential) than other hearings in the process.

Streamline Your Hearing Prep and Review

In the field of law, hearings are a major component of the entire process. From arraignment to sentencing and beyond, these court sessions are critical for sorting out the fine details of a case and even deciding whether it goes to trial.

With so much riding on court hearings, legal professionals can’t afford to get bogged down in delays or disorganization. Tools like Rev can simplify and streamline essential steps in the process, providing expedited summaries and accurate transcripts so your team can focus on building a case. 

Need an instant summary of your next preliminary hearing? 

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