# Del. Com. Pl. Ct. Crim. R. 5.1: Rule 5.1. Preliminary hearing

> Delaware · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_DE_DECCPCRIM_R5_1

## Section

- **Citation:** Del. Com. Pl. Ct. Crim. R. 5.1
- **Heading:** Rule 5.1. Preliminary hearing
- **Jurisdiction:** Delaware
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Delaware Court Rules / Court of Common Pleas / Court of Common Pleas Criminal Rules / Del. Com. Pl. Ct. Crim. R. 5.1

## Text

(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.

## Nearby sections

- [Del. Com. Pl. Ct. Crim. R. 1 Rule 1. Scope](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DECCPCRIM_R1.md)
- [Del. Com. Pl. Ct. Crim. R. 2 Rule 2. Purpose and construction](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DECCPCRIM_R2.md)
- [Del. Com. Pl. Ct. Crim. R. 3 Rule 3. Commencement](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DECCPCRIM_R3.md)
- [Del. Com. Pl. Ct. Crim. R. 4 Rule 4. Arrest warrant or summons; capias](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DECCPCRIM_R4.md)
- [Del. Com. Pl. Ct. Crim. R. 5 Rule 5. Appearance before the committing magistrate](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DECCPCRIM_R5.md)
- [Del. Com. Pl. Ct. Crim. R. 5.1 Rule 5.1. Preliminary hearing](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DECCPCRIM_R5_1.md)
- [Del. Com. Pl. Ct. Crim. R. 6 Rule 6. Omitted](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DECCPCRIM_R6.md)
- [Del. Com. Pl. Ct. Crim. R. 7 Rule 7. The information](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DECCPCRIM_R7.md)
- [Del. Com. Pl. Ct. Crim. R. 8 Rule 8. Joinder of offenses and of defendants](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DECCPCRIM_R8.md)
- [Del. Com. Pl. Ct. Crim. R. 9 Rule 9. Warrant or summons upon information](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DECCPCRIM_R9.md)
- [Del. Com. Pl. Ct. Crim. R. 10 Rule 10. Arraignment](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DECCPCRIM_R10.md)
- [Del. Com. Pl. Ct. Crim. R. 11 Rule 11. Pleas](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DECCPCRIM_R11.md)
- [Del. Com. Pl. Ct. Crim. R. 12 Rule 12. Pleadings and motions before trial; defenses and objections](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DECCPCRIM_R12.md)
- [Del. Com. Pl. Ct. Crim. R. 12.1 Rule 12.1. Omitted](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DECCPCRIM_R12_1.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_DE_DECCPCRIM_R5_1. Check the current official text before relying on it. Not legal advice.