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About This Article Briefly: A preliminary hearing setting conference (only for felony cases) is a hearing where the judge will set or adjust the date for a preliminary hearing, perhaps rule on requests for experts or independent testing and the prosecutor and defense counsel will discuss resolution of the case.
Cancellation of the hearing means the judge's decision could come at any time. He could rule for or against either side's motion, based on the arguments and evidence already submitted, or he may issue a ruling of his own.
Your uncontested case is 'agreed' if you and your spouse agree on what to put in your Decree of Divorce, your spouse has signed a waiver or answer, and your spouse is willing to sign your Decree of Divorce. There is no formal trial, and you probably won't have to ever appear in court.
The contested final hearing is a formal court hearing (like the interim hearing, if you had one). The Judge listens to both sides, then issues a final order. You may give your own testimony and present witnesses and documents.
Some of the rights afforded defendants during a preliminary hearing include:Defendants can successfully have their charges dismissed if they prove a prosecutor's case lack sufficient evidence to prove that a crime occurred.
What does order setting mean? An order to show cause is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court.
If there is an uncontested family court docket, that means the judge hears uncontested family court matters (like divorce and custody) on particular days and times.
Hearing(s) A word used by the court for a particular order setting a time which the parties (the state and the defendant) are to appear and present evidence and argument in support of whatever motions or issues that come along.
Fiat is a Latin term meaning let it be done. Judicial fiat refers to an order or a decree especially an arbitrary one. It can also refer to a court decree relating to a routine matter such as scheduling. A Judge's fiat can be a handwritten and intialled note from the judge directing that some action occur.