Hearing on the Merits

See Trial; Hearing on the Merits; Evidentiary Hearing

A formal proceeding before a judge who hears testimony under the rules of evidence and makes a final decision relating to the matters presented. All such decisions are with prejudice since they are final adjudications of the matters presented.
In contrast, motions are less formal without adherence to the rules of evidence. They do not result in final adjudication, but only temporary orders. Therefore, they are often without prejudice.