preliminary

Introductory; initiatory; preceding; temporary and provisional; as preliminary examination, injunction, articles of peace, etc

@ preliminary complaint

In some states, a court without jurisdiction to hear a criminal case on its merits may issue a preliminary complaint or process and conduct a probable cause or bind over hearing on such complaint

@ preliminary evidence

Such evidence as is necessary to commence a hearing or trial and which may be received conditionally in anticipation of other evidence linking it to issues in the case.

See foundation

@ preliminary examination

The examination of a person charged with crime, before a magistrate or judge.

See preliminary hearing

@ preliminary hearing

The hearing by a judge to determine whether a person charged with a crime should be held for trial. A hearing held in felony cases prior to indictment during which the state is required to produce sufficient evidence to establish that there is probable cause to believe

(a) that a crime has been committed and

(b) that the defendant committed it.

See Fed.R.Crim.P. 5.1.

Preliminary hearing before magistrate is, basically, a first screening of the charge; its function is not to try the defendant, nor does it require the same degree of proof or quality of evidence as is necessary for an indictment or for conviction at trial. Its function is to determine whether there is sufficient evidence to hold an accused for trial. Mattioli v. Brown, 71 Misc.2d 99, 335 N.Y.S.2d 613, 615.

Indigent defendants have a right to be represented by counsel at a preliminary examination. Coleman v. Alabama, 399 U.S. 1, 90 S.Ct. 1999, 26 L.Ed.2d 387; Adams v. Illinois, 405 U.S. 278, 92 S.Ct. 916, 31 L.Ed.2d 202

Compare arraignment.

See also information

+ preliminary hearing

In criminal law, synonymous with "preliminary examination". The hearing given to a person accused of crime, by a magistrate or judge, exercising the functions of a committing magistrate, to ascertain whether there is sufficient evidence to warrant and require the commitment and holding to bail of the persons accused. It is in no sense a trial for the determination of accused's guilt or innocence, but simply a course of procedure whereby a possible abuse of power may be prevented, and accused discharged or held to answer, as the facts warrant.

See Fed.R.Crim.P. 5(c), 5.1.

See also suppression hearing.

@ preliminary injunction

A preliminary injunction should be granted only upon a clear showing by party seeking the extraordinary remedy of

(1) probable success upon a trial on the merits, and

(2) likely irreparable injury to him unless the injunction is granted, or

(3) if his showing of probable success is limited but he raised substantial and difficult issues meriting further inquiry, that the harm to him outweighs the injury to others if it is denied. Cohen v. Price Commission, D.C.N.Y., 337 RSupp. 1236, 1239.

See Fed.R.Civil P. 65.

See also injunction

@ preliminary proof

In insurance, the first proof offered of a loss occurring under the policy, usually sent in to the underwriters with the notification of claim

@ preliminary prospects

See red herring

@ preliminary warrant

In some jurisdictions, a warrant or order to bring a person to court for a preliminary hearing on probable cause

@