Rule 5.1. Preliminary examination

(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 forthwith be held to

answer in Superior Court. The finding of probable cause may be based upon hearsay evidence in whole or

in part. The defendant may cross-examine adverse witnesses and may introduce evidence. Objections to

evidence on the ground that it was acquired by unlawful means are not properly made at the preliminary

examination. Motions to suppress must be made to the trial court as provided in 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) Records. 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.

Added, effective May 1, 1974; revised, effective Jan. 1, 1992; amended, effective Mar. 1, 2001.