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Waiver of a Preliminary Hearing. Download Form (pdf, 739.If you have questions about waiving your right to appear at a hearing or how to complete this form, call the hearing office handling your claim. Waiving this hearing allows the case to proceed to trial more quickly (though not immediately). Why might the defendant choose this path? Preliminary hearings are not always required, and the defendant can choose to waive it. 1308.44 Request for hearing or appearance; waiver. (a) A person with a right to submit objections and a request for hearing under § 12. 20(d) may submit objections and waive the right to a hearing. A waiver hearing is a type of court hearing where a person decides to give up their right to a trial and instead plead guilty to a crime.