As opposed to a preliminary hearing, a hearing on the merits is a formal court hearing conducted under the rules of evidence to decide issues put forward filed in the complaint or summons.
Whether in civil or criminal proceedings, the court will hold hearings on the merits to determine the core issues of the case. In civil cases, this could involve contract disputes, personal injury claims, or other matters. In criminal cases, it could involve determining guilt or innocence.
Prior to a hearing on the merits, preliminary matters such as jurisdiction, standing, or procedural issues may be addressed in separate hearings. Once these preliminary matters are resolved, the court can proceed to a hearing on the merits.
During a hearing on the merits, the parties involved in a legal dispute present their evidence, legal arguments, and any relevant documentation to support their claims or defenses. The focus of a hearing on the merits is on the substantive aspects of the case, including the facts, applicable laws, and the arguments put forward by the parties. The court or tribunal will thoroughly evaluate the evidence and legal arguments to make a decision based on the merits of the case. Depending on the nature of the case, hearings on the merits may take place in different tribunals or courts.
This type of hearing is often distinguished from preliminary or procedural hearings, which may address issues such as jurisdiction, standing, or procedural compliance. A hearing on the merits is typically conducted after these preliminary matters have been resolved, allowing the court to delve into the core issues of the case.
The hearing on the merits follows an adversarial process, where each party advocates its position, and the judge or tribunal decides based on the arguments and evidence presented. Parties involved in a hearing on the merits typically have the right to legal representation.
