An omnibus hearing is a
pretrial hearing. It is usually held soon after a defendant's
arraignment
Arraignment is a formal reading of a criminal charging document in the presence of the defendant, to inform them of the charges against them. In response to arraignment, the accused is expected to enter a plea. Acceptable pleas vary among jurisd ...
. The main purpose of the hearing is to determine the
evidence
Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field.
In epistemology, evidenc ...
, including
testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter.
Etymology
The words "testimony" and "testify" both derive from the Latin word ''testis'', referring to the notion of a disinterested third-party witness.
La ...
and
evidence
Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field.
In epistemology, evidenc ...
seized at the time of arrest.
The counsel for the
plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the p ...
(or the People) and the defendant attend the hearing to discuss pretrial matters pertaining to the case.
The purpose of the hearing is to see if the
rights
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical the ...
of the
defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.
Terminology varies from one jurisdic ...
have been violated, and it is the duty of the judge to make sure that the oath of office is preserved under article 6 paragraph 2, supremacy clause of the
Constitution of the United States
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
. To exchange
discovery
Discovery may refer to:
* Discovery (observation), observing or finding something unknown
* Discovery (fiction), a character's learning something unknown
* Discovery (law), a process in courts of law relating to evidence
Discovery, The Discovery ...
or any
motions to dismissal or special appearance for violations at a state level and a Federal level.
Under the
7th amendment, the common law says that the defendant must have a victim or
property damage
Property damage (or cf. criminal damage in England and Wales) is damage or destruction of real or tangible personal property, caused by negligence, willful destruction, or act of nature.
It is similar to vandalism and arson (destroying propert ...
in order for an actual crime committed, or a violation of the Constitution or
bill of rights
A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...
of another. Under the common law this would be to request for the victim or property damage to come forward for a statute or code. To find out if the authority delegated power under police powers did not violate any defendant of the bill of rights or due process.
Duane Eugene Kirkland U.C.C 1-207 1-308 w/o prejudice...
Legal terminology
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