What action must a preliminary hearing officer take if evidence is deemed not within the scope of the hearing?

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A preliminary hearing officer is responsible for evaluating the admissibility of evidence presented during the hearing. If the evidence is determined to be outside the scope of what the preliminary hearing is intended to address, the appropriate action is to inform the parties involved and halt the presentation of that evidence. This process is crucial to ensure that the proceedings remain focused and relevant to the specific issues at hand.

By informing the parties and halting the presentation, the hearing officer upholds the integrity of the legal process, allowing for a clear delineation of what is permissible and ensuring that only relevant evidence is considered. This step also provides clarity to the involved parties, allowing them to understand the ruling on the evidence's admissibility and adjust their strategies accordingly.

Continuing with the presentation or allowing the evidence under advisement would undermine the structure and focus of the preliminary hearing, potentially leading to confusion or prejudice against the parties involved. Scheduling a follow-up hearing may also complicate matters unnecessarily when the immediate course of action is simply to restrict the evidence that does not fit within the established scope.

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