Ore Tenus: A Comprehensive Guide to Its Legal Meaning and Use

Definition & Meaning

Ore tenus refers to the practice of presenting evidence orally in court. This term is commonly used in nonjury cases, where an appeals court gives deference to the trial court's findings of fact. In certain situations, such as uncontested divorce cases, a party may request an ore tenus hearing. During this hearing, the individual appears in court to present evidence directly to the judge, rather than through written submissions or a commissioner's hearing.

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Real-world examples

Here are a couple of examples of abatement:

In Virginia, a spouse seeking a divorce may request an ore tenus hearing if both parties agree on the terms, such as grounds for divorce and property distribution. During the hearing, the spouse presents their case directly to the judge, along with a witness, streamlining the process.

(Hypothetical example) In a hypothetical case, if two partners agree on all aspects of their divorce, one partner may file for an ore tenus hearing to finalize the divorce quickly.

State-by-state differences

State Ore Tenus Use
Virginia Commonly used in uncontested divorce cases.
California Less common; often relies on written submissions.
New York May be used in certain family law matters but not as frequently.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Difference
Ore Tenus Oral presentation of evidence in court. Used primarily in nonjury cases.
Written Submission Evidence presented in written form. Does not involve direct oral testimony.
Commissioner's Hearing A hearing before a court-appointed official. Typically involves more formal procedures.

What to do if this term applies to you

If you are considering an ore tenus hearing, ensure that all parties agree on the issues involved. Prepare your evidence and consider bringing a witness to support your case. You can explore US Legal Forms for templates that may help you prepare the necessary documentation. If your situation is complex, consulting with a legal professional is advisable.

Quick facts

  • Typical use: Family law, particularly divorce.
  • Jurisdiction: Varies by state.
  • Process: Oral presentation of evidence.
  • Common scenarios: Uncontested divorce cases.

Key takeaways

Frequently asked questions

An ore tenus hearing is a court proceeding where evidence is presented orally, often used in uncontested divorce cases.