Alabama Order Setting Preliminary Hearing

State:
Alabama
Control #:
AL-004-03-CP
Format:
Word; 
Rich Text
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Understanding this form

The Order Setting Preliminary Hearing is a legal document issued by a court to schedule a preliminary hearing in a legal matter. This form is essential as it establishes the date and time for the hearing, which is typically held to address preliminary issues before a trial. Unlike other court forms, this document is specifically focused on setting a hearing date, making it a crucial step in the legal process.

Main sections of this form

  • Identifies the court and case details, including plaintiff and defendant names.
  • Specifies the date and time of the preliminary hearing.
  • Includes a section for the judge’s signature, validating the order.

When this form is needed

This form should be used when a party involved in a legal case requests a preliminary hearing. It is applicable in various legal matters, such as criminal cases, family law disputes, or civil litigation, where it is necessary to resolve initial issues before the main trial can proceed. Completing this form ensures that all parties are duly notified of the hearing date and time.

Who should use this form

This form is intended for:

  • Plaintiffs or petitioners seeking to schedule a preliminary hearing.
  • Defendants who need to prepare for the preliminary hearing.
  • Legal representatives or attorneys acting on behalf of clients in court proceedings.

How to prepare this document

  • Identify the court and case number at the top of the form.
  • Enter the names of the plaintiff and defendant in the designated sections.
  • Specify the exact date and time for the preliminary hearing.
  • Ensure that the order is signed by the district judge.
  • File the completed form with the appropriate court and serve copies to all involved parties.

Notarization requirements for this form

In most cases, this form does not require notarization. However, some jurisdictions or signing circumstances might. US Legal Forms offers online notarization powered by Notarize, accessible 24/7 for a quick, remote process.

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Common mistakes

  • Failing to include the correct case number or court information.
  • Not providing sufficient notice to all parties involved.
  • Leaving the date and time fields incomplete or incorrectly filled out.

Why use this form online

  • Convenient access to downloadable formats, allowing for quick filing.
  • Editability ensures that users can personalize the form accurately.
  • Reliable templates drafted by licensed attorneys, ensuring legal compliance.

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FAQ

The preliminary hearing setting conference has the date set specifically for the preliminary hearing used for the case of whatever charges were issued to the accused.A bargain is either struck or not, which may resolve or prolong the court case and other processes.

An arraignment is a pre-trial proceeding, sometimes called an initial appearance. The criminal defendant is brought in front of a judge at a lower court.

Is there probable cause to believe the alleged crime occurred and did it occur within the court's jurisdiction? Is there probable cause to believe that the defendant committed the crime?

Defendants possess the right to be represented by legal counsel during their preliminary hearing.Defendants can successfully have their charges dismissed if they prove a prosecutor's case lack sufficient evidence to prove that a crime occurred.

Preliminary hearings are heard by the District Court Judge in the Alabama County in which you were arrested.On occasion, usually in more serious cases with an incarcerated defendant, the State will call additional fact witnesses to establish the identity of the defendant or to ensure the Court finds probable cause.

Investigation. Charging. Initial Hearing/Arraignment. Discovery. Plea Bargaining. Preliminary Hearing. Pre-Trial Motions. Trial.

The preliminary hearing is like a mini-trial. The prosecution will call witnesses and introduce evidence, and the defense can cross-examine witnesses.If the judge concludes there is probable cause to believe the crime was committed by the defendant, a trial will soon be scheduled.

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Alabama Order Setting Preliminary Hearing