A dispositional hearing in adult criminal court is a hearing at which a plea is entered on the record before the judge. A dispositional hearing in a civil case is usually set when the parties have a proposed agreement and want to settle the case without going to trial. In both cases, the judge must rule on the proposed case disposition, as explained by the the United States District Court for the District of Colorado.Know More
Whether the case on the docket is civil or criminal, the Court usually enters official orders on the record at a dispositional hearing, making it one of the most important hearings in the legal process.
In an adult criminal court case, there are many court hearings. The dispositional hearing is the usually the last hearing (or one of the last hearings) in a series of court dates one is entitled to throughout the criminal process. First, a defendant is charged and then must decide if he or she would like to go to trial. According to Harrington Brewster & Clein P.C. and The Denver Center for Mediation & Collaborative Law, if the defendant chooses not to go to trial, a dispositional hearing will be set so that the defendant can plead guilty on the record. In addition to entering an audible plea to the Court on record, the defendant will sign a plea agreement document acknowledging the plea and their desire to volitionally enter into it. Examples of plea documents are available online from the United States District Court website.
In civil cases, parties are usually encouraged by the judge to engage in negotiations prior to setting a date for a trial. If the parties come to an agreement, they petition the court for a hearing to present the agreement to the judge and, hopefully, dispose of the case.Learn more about Law
According to Legal Match, an adult disposition hearing is when a judge in a criminal case determines the punishment for the guilty party if he is convicted in the hearing or a court. The process usually only happens in juvenile court cases, but it happens in adult court cases as well. It is similar to the sentencing section of most court cases.Full Answer >
A preliminary examination is a court hearing in which the prosecutor must prove to the judge that there is enough evidence and probable cause for a case to go to trial, according to Cornell University Law School. The hearing does not determine the guilt of the defendant.Full Answer >
Depending on state law, civil cases allow individuals to schedule hearings by filing a motion, or noticed motion, according to the Superior Court of California. Motions are often urgent, and when using the ex parte motion, the opposing party is quickly given notice of an upcoming hearing.Full Answer >
As outlined by the American Bar Association, a pretrial hearing in criminal court allows the lawyers, defendants and any victims involved in the case to come before the judge and receive or share important information about the upcoming trial.Full Answer >