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Home> Know Your Rights> Hearings
In workers' compensation, there are several types of hearings which may be scheduled in your case.
The first type of worker's comp benefit hearing is usually a pretrial hearing. In a pretrial hearing, the attorneys for each side go before the judge and discuss the issues to be heard at a final hearing. These pretrial hearings usually consist of attorneys filling out a pretrial form which they submit to the judge who then sets a date and time for the final hearing. Injured workers do not usually go to pretrial hearings if they are represented by counsel.
Motion hearings are those matters brought before a judge when either side feels it is necessary to resolve a matter in dispute. Matters which may be brought on motion are motions to produce, motions for protective order, motions to compel and other matters which the parties have not been able to resolve and need the judge's ruling or approval to the procedure the parties want to use. In most cases, motion hearings are not evidentiary hearings but arise because an issue occurs between the parties of a procedural nature which must be resolved by a judge prior to the hearing.