How-To: Motion for a Hearing

I. Definitions

Hearing
a proceeding where evidence is taken to determine an issue of fact and to reach a decision on the basis of that evidence; describes whatever takes place before magistrates sitting without jury. Thus a hearing, such as an administrative hearing, may take place outside the judicial process, before officials who have been granted judicial authority expressly for the purpose of conducting such hearings. Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; © 2016

II. Legal Citations

Rule 1 Fed. R. Civ. P. | Scope and Purpose
"These rules govern the procedure in all civil actions and proceedings in the United States district courts, except as stated in Rule 81. They should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding."
Rule 78 Fed. R. Civ. P. | Hearing Motions; Submission on Briefs
"(a) PROVIDING A REGULAR SCHEDULE FOR ORAL HEARINGS. A court may establish regular times and places for oral hearings on motions."
Local Rule 3.01(h) USFLMD | Motions and Other Legal Memorandums
(h) ORAL ARGUMENT OR EVIDENTIARY HEARING. A party must request oral argument or an evidentiary hearing in a separate document accompanying the party’s motion or response and stating the time necessary.
5th Amendment (US Constitution) | Due Process
No person shall... be deprived of life, liberty, or property, without due process of law...
14th Amendment (US Constitution) | Due Process
No State shall... deprive any person of life, liberty, or property, without due process of law...