# Del. Super. Ct. Crim. R. 5.1: Rule 5.1. Preliminary examination

> Delaware · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_DE_DESUPERCRIM_R5_1

## Section

- **Citation:** Del. Super. Ct. Crim. R. 5.1
- **Heading:** Rule 5.1. Preliminary examination
- **Jurisdiction:** Delaware
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Delaware Court Rules / Superior Court / Rules of Criminal Procedure, Superior Court of Delaware / Del. Super. 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 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.

## Nearby sections

- [Del. Super. Ct. Crim. R. 1 Rule 1. Scope](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DESUPERCRIM_R1.md)
- [Del. Super. Ct. Crim. R. 2 Rule 2. Purpose and construction](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DESUPERCRIM_R2.md)
- [Del. Super. Ct. Crim. R. 3 Rule 3. Commencement and complaint](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DESUPERCRIM_R3.md)
- [Del. Super. Ct. Crim. R. 4 Rule 4. Arrest warrant or summons; capias](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DESUPERCRIM_R4.md)
- [Del. Super. Ct. Crim. R. 5 Rule 5. Initial appearance before the committing magistrate](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DESUPERCRIM_R5.md)
- [Del. Super. Ct. Crim. R. 5.1 Rule 5.1. Preliminary examination](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DESUPERCRIM_R5_1.md)
- [Del. Super. Ct. Crim. R. 5.2 Rule 5.2. Pretrial release](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DESUPERCRIM_R5_2.md)
- [Del. Super. Ct. Crim. R. 5.3 Rule 5.3. Modification of conditions of release](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DESUPERCRIM_R5_3.md)
- [Del. Super. Ct. Crim. R. 5.4 Rule 5.4. Proceedings for violation of pretrial supervision](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DESUPERCRIM_R5_4.md)
- [Del. Super. Ct. Crim. R. 6 Rule 6. The grand jury](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DESUPERCRIM_R6.md)
- [Del. Super. Ct. Crim. R. 7 Rule 7. The indictment and the information](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DESUPERCRIM_R7.md)
- [Del. Super. Ct. Crim. R. 8 Rule 8. Joinder of offenses and of defendants](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DESUPERCRIM_R8.md)
- [Del. Super. Ct. Crim. R. 9 Rule 9. Warrant or summons upon indictment or information](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DESUPERCRIM_R9.md)
- [Del. Super. Ct. Crim. R. 10 Rule 10. Arraignment](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DESUPERCRIM_R10.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_DE_DESUPERCRIM_R5_1. Check the current official text before relying on it. Not legal advice.