Evidentiary Hearing Definition
It is a legal process where once the criminal complaint is filed, there an preliminary proceeding to determine whether there is actually a case requiring a trial and does evidences provided do justify conducting a trial or not. It is the assessment of the merits of the cases and it should convince the judge that prima facie there is some sort of crime conducted and can be admitted for trial .
Evidentiary Hearing starts as a pre trial activity to provide a confirmation to the court that the case is fit to be admitted for trail by the court also indicating that the prosecution and defense are prepared for it to be taken to trial and carrying out the related procedures of Law.
Under this proceeding the court looks into the matters such as the jurisdiction of the courts to admit the case for trial or the evidences are appropriate to provide an understanding that the crime is committed. Once the case is found to be fit for trial and the judge is convinced of the crime is committed then it is called defendant is “bound over”.
Post this if the judge is not convinced then the case is not admitted. In case it is otherwise then the normal procedure of the court follows for the case to be take at logical conclusion.