Preliminary Hearing
A proceeding held to determine whether there is enough evidence (probable cause) to proceed with a criminal trial.
Encyclopedia entry: Preliminary Hearing
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preliminary hearing
A preliminary hearing is an adversarial step in a criminal case where the court decides if there is enough evidence to continue. A magistrate often oversees the hearing. The prosecution presents witnesses , and the defense may do the same. Both sides can question the other’s witnesses. If the evidence does not show probable cause , the court may dismiss the charges .
See: Federal Rules of Criminal Procedure - Title II. Preliminary Hearings - Rule 5.1 Preliminary Hearing
[Last reviewed in July of 2025 by the Wex Definitions Team
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.