Trials, also known as retrials or rehearings, are granted in special circumstances. They involve rehearsing a previous case before a judge and jury, with both parties presenting evidence and arguments. A trial may be permitted if there was misconduct or important evidence that was not available. Trials are expensive, so all parties try to ensure things go smoothly the first time. Judges weigh carefully before allowing a trial.
A trial is a situation where a court agrees to hear a decided issue again. Trials are also known as retrials or rehearings. Such hearings are granted only in special circumstances. The ability to request a hearing can be an important aspect of a justice system, but those hearings can also be abused by people seeking to evade the legal system. For this reason, judges weigh carefully before allowing a trial.
In a hearing, the previous case is overturned and the case is rehearsed in court before a judge and jury, if it is a case that requires a jury. Both parties present evidence and arguments before the judge, and the matter is resolved again at the end of the hearing. Once a trial has occurred, there is usually a reluctance to allow another rehearing, so care is taken to ensure that the trial complies with the law and is fair to all parties.
One reason for requesting proof is misconduct. If one or more of the attorneys, judge or jury can be shown to have committed misconduct, the results of the previous trial may be reversed. Similarly, if there is a clerical error that has tainted the outcome of the case, it can be tried again by the same court. A higher court may also order a review on appeal if it finds that the lower court did not conduct the trial properly and that the outcome must be overturned so the case can be retried.
A legal hearing may also be permitted if a party can show that there was important evidence that was not available. This can include evidence discovered after trial, evidence that was not presented at trial, or evidence that someone was unaware of. Verdicts based on insufficient evidence and incomplete information are not considered fair in most courts and can be overturned if a judge decides that the lack of evidence would have been critical to the outcome of the trial.
Trials are expensive. Court costs can become substantial with a second hearing. For this reason, all parties involved in cases tried in court generally try to ensure that things go smoothly and right the first time. There are few benefits to requiring proof and therefore there is an incentive to avoid this situation.
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