preliminary hearing

law

Also known as: pretrial hearing

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July 13, 2026

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In law, a preliminary hearing is a proceeding before a magistrate or judge, held after a criminal case has begun and without a jury. Its primary purpose is to determine if there is sufficient evidence to justify proceeding with the case against the accused. This stage is part of the preparatory phase in both common-law and civil-law systems, aiming to uncover and organize evidence, and potentially resolve the case without a full trial. In some jurisdictions, like France, a specific magistrate, the juge d'instruction, conducts this investigative hearing, gathering evidence and hearing witnesses. If the evidence is deemed insufficient, the trial may not proceed.123

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procedural law
Stages leading to trial or main hearing
At the pretrial stage, the parties notify each other of their claims and defenses and probe their factual foundations; at the trial stage, they or their counsel attempt to prove their factual contentions before a judge or jury, primarily through the oral examination of witnesses. The verdict…
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At the pretrial stage, the parties notify each other of their claims and defenses and probe their factual foundations; at the trial stage, they or their counsel attempt to prove their factual contentions before a judge or jury, primarily through the oral examination of witnesses. The verdict…
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prosecutor
…prosecutor presents evidence at a hearing before a grand jury, which may or may not return an indictment for trial. In most civil-law countries, however, a special investigating magistrate is in charge of the preliminary hearing. In general, the prosecutor participates little in this stage of the process, sometimes offering…
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…prosecutor presents evidence at a hearing before a grand jury, which may or may not return an indictment for trial. In most civil-law countries, however, a special investigating magistrate is in charge of the preliminary hearing. In general, the prosecutor participates little in this stage of the process, sometimes offering…
Read More