What is the Difference between an Evidentiary Hearing and a Trial in Probate and Family Court?

An Evidentiary Hearing is a hearing where the judge decides about one part of the case.  This can include deciding which parent would be awarded custody of the children.

A trial is considered the final hearing except for an appeal where the judge decides all remaining issues and can grant the final divorce.

The trial and evidentiary hearing, both parties are expected to have witnesses testify which can just be including the parties and evidence to support their arguments. 

There can also be something called “Representations of Counsel” which is what happens at a lot of the temporary motion stages where the judge just looks at the pleadings and hears what the attorneys would argue and would be the evidence that would be heard at an evidentiary hearing or trial. The judge then decides based on the Representations of Counsel. 

In many courts this is necessary given the time constraints and the caseloads that the courts have.  It is very important whether it is an Evidentiary Hearing, Trial or Representations of Counsel to be properly prepared with your attorney.