Preliminary hearing

An evidentiary hearing, during which motions may also be heard and decided, to determine whether and to what extent a criminal charge or civil cause of action will be heard by the court, the extent of evidence which will be admitted, and what must occur before the case can proceed.

In a criminal action, the defendant has pled not guilty, and the court is soliciting evidence only for the purpose and to the extent necessary to decide the likelihood that a criminal act has been committed, and that the defendant is the one who committed it. If the court decides in the affirmative, a formal charge or indictment is laid, finding that a crime was committed and the defendant is likely the perpetrator. The defendant is then bound over for trial on the merits of the charge, and a trial date is set.