Rule 5.1. Preliminary hearing

(a) Probable cause finding. If from the evidence it appears that there is probable cause to believe that an

offense has been committed and that the defendant committed it, the defendant shall be bound over for the

grand jury. The finding of probable cause may be based in whole or in part upon credible hearsay

evidence. The defendant may cross-examine witnesses and may, subject to reasonable limitations

imposed by the Court, introduce evidence in defendant’s behalf. Objections to evidence on the ground

that it was acquired by unlawful means are not properly made at the preliminary hearing, but evidence

thereof may, subject to the discretion of the Court, be heard for the purpose of determining the weight to

be afforded such evidence. Motions to suppress must be made to the trial court as provided in Superior

Court Criminal Rule 12.

(b) Discharge of defendant. If from the evidence it appears that there is no probable cause to believe that

an offense has been committed or that the defendant committed it, the complaint shall be dismissed and

the defendant discharged. The discharge of the defendant shall not preclude the State from instituting a

subsequent prosecution for the same offense.

(c) Transmittal of documents. After the proceeding is concluded, all papers in the proceeding and any bail

taken shall be transmitted forthwith to the prothonotary of the proper county.

(d) Production of statements.

(1) In general. Rule 26.2(a)-(d) and (f) applies at any hearing under this rule, unless the court, for

good cause shown, rules otherwise in a particular case.

(2) Sanctions for failure to produce statement. If a party elects not to comply with an order under

Rule 26.2(a) to deliver a statement to a moving party, the court may not consider the testimony of a

witness whose statement is withheld.

History.

Amended, Apr. 1, 2001.