Asked over 2 years ago - Bridgewater, NJ
FlagHow does one find out that a hearing has been scheduled? Who sends out the information regarding the date and time? Is a hearing always held?
The answer to your question depends on the court involved and the type of proceeding, criminal or civil.
In any case, you should have received some written notice regarding whether a hearing is scheduled and if so where and when.
If you're still n doubt contact the clerk of court during normal business hours. If the court maintains a website, look there and see if court motion calendars are posted online (more and more courts are doing so), or if there is an FAQ page explaining basic rules and procedures. You can always call the attorney representing the other side to confirm whether the parties need to appear in person. You will want to consult in person with a NJ trial attorney. I have attached a link to the statewide attorney referral services page maintained by the New Jersey State Bar Association.
Another web link is also provided to access statewide court links and other useful resources.
This response is offered for general guidance and education. Do not rely on this information as legal advice. No attorney-client relationship is created by exchange of emails alone.
The answer to your question depends on the court involved and the type of proceeding, criminal or civil.
In any case, you should have received some written notice regarding whether a hearing is scheduled and if so where and when.
If you're still n doubt contact the clerk of court during normal business hours. If the court maintains a website, look there and see if court motion calendars are posted online (more and more courts are doing so), or if there is an FAQ page explaining basic rules and procedures. You can always call the attorney representing the other side to confirm whether the parties need to appear in person. You will want to consult in person with a NJ trial attorney. I have attached a link to the statewide attorney referral services page maintained by the New Jersey State Bar Association.
Another web link is also provided to access statewide court links and other useful resources.
This response is offered for general guidance and education. Do not rely on this information as legal advice. No attorney-client relationship is created by exchange of emails alone.
Your question is very vague -- it doesn't refer to whether the matter is civil or criminal, or whether it is state court or federal court, whether it is a trial court or an appellate court. But I will provide a general answer. If the court scheduled the hearing, parties (through their attorneys, if any) usually are alerted directly by the court. If a party makes a motion, often that party picks the date of the court appearance and alerts all other parties.
If you are unertain as to whether a hearing has been scheduled in a particular matter, you can either contact the counsel for the other side or you can contact the court clerk.
As to whether a hearing is always held, it depends on the kind of matter. If it is a motion, more often than not we're talking about oral argument rather than a hearing. In any event, quite often it is up to the court to determine whether an actual appearance is necessary or whether an issue can be decided on the papers.
Again, this response is very general because of the vagueness of the question. You may wish to consult with a local attorney concerning the particulars of the matter. Please note that I practice in New York and do not seek to advise you as to the application of New Jersey state law.
Good luck to you.
I agree with my colleague, your question is vague and may have many answers.
Another consideration is that you have been served with a summons and complaint which requires an answer or motion to dismiss or transfer within a specific period of time. If so, you should contact an attorney to be sure you do not inadvertently waive any of your rights.
As suggested, it would be advisable to call the clerk for the judge that the matter has been assigned to for further information.
Disclaimer: This answer does not establish an attorney-client relationship and does not constitute legal advice. It is for general informational purposes only.
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