Examining Court Law and Legal Definition

Examining court means a lower court that determines probable cause and grants bail at a preliminary hearing in a criminal case. It is usually presided over by a magistrate. An examining court is not provided with greater authority than necessary to fulfill its statutory role.

“A magistrate, presiding over a separate "examining court", is imbued with all authority inherent in other judicial courts, including the power to issue any and all orders protecting the jurisdiction of the examining court, with the result that the magistrate is authorized to restrain the district attorney from proceeding, in his official capacity, to bring such evidence as he may have regarding the two alleged underlying offenses in question before the grand jury for the purpose of seeking an indictment in either case.” [State ex rel. Holmes v. Salinas, 784 S.W.2d 421 (Tex. Crim. App. 1990)]