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An evidentiary hearing is a judge considering and ruling on a matter which is temporary or leading up to the final trial. State law requires the City to issue a final decision on your land use proposal within 120 days of receiving a complete application.Evidentiary hearings on contested matters are referred to as individual calendar hearings or merits hearings. Application Without Evidentiary Hearing on the Merits must include at a minimum the following: a. Filing an Evidentiary Hearing Sample Request in Family Court. If an evidentiary hearing is required, the commission shall act on the application within one hundred twenty days of receipt of a complete application. If you and the other party are not able to settle your issues and reach a full agreement, the judge will have to set an "Evidentiary Hearing" or a "Trial. Only chance to present the testimony of witnesses or other evidence, and the parties should be prepared to present their full case before the magistrate judge. The court may apply the rules applicable to civil or criminal proceedings, as it deems appropriate. (B) Decision Without Evidentiary Hearing.