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Preliminary hearings at an RCC require the attendance of the prosecutor, the defendant, the defense attorney, and the prosecutor's witnesses. 9-16.001 - Legal Considerations.A defendant may plead guilty, not guilty, or with the consent of the court, nolo contendere. Fed. In felony cases the defendant must be present when the verdict is read unless his absence is wilful or voluntary. Involved in a criminal case or a habeas proceeding for an indigent defendant. When the evidence is complete, the magistrate or municipal judge makes his findings. If the defendant is acquitted, the proceedings are terminated. The examiner shall file with the court a written report as to the mental condition of the defendant at the relevant time. Default -- The failure to appear, to defend, or to follow proper procedure in a lawsuit. Power to initiate criminal proceedings.