Rule 5.1 Preliminary Examination

(a) Probable Cause Finding. If from the evidence it appears that there is probable cause to believe than an offense has been committed and that the defendant committed it, the district court judge shall forthwith hold him to answer in the High Court. The finding of probable cause may be based upon hearsay evidence in whole or in part. The defendant may cross-examine witnesses against him and may introduce evidence in his own behalf. 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 High Court as provided in 12 TCRCrP.

(b) Discharge of Defendant. If from the evidence it appears that there is not probable cause to believe that an offense has been committed or that the defendant committed it, the district court judge shall dismiss the complaint and discharge the defendant. The discharge of the defendant shall not preclude the government from instituting a subsequent prosecution for the same offense.

(c) Records. After concluding the proceeding the district court judge shall transmit forthwith to the clerk of court all papers in the proceeding. The district court judge shall promptly make or cause to be made a record or summary of such proceeding.

(1) On timely application to a district court judge, the attorney for a defendant in a felony case to be tried before the High Court may be given the opportunity to have the recording of the hearing on preliminary examination made available for his information in connection with any further hearing or in connection with his preparation for trial. The district court may appoint the place for and define the conditions under which such opportunity may be afforded counsel.

(2) On application of a defendant addressed to the High Court or any justice thereof, an order may issue that the district court judge make available a copy of the transcript, or of a portion thereof, to defense counsel. Such order shall provide for prepayment of costs of such transcript by the defendant unless the defendant makes a sufficient affidavit that he is unable to pay or to give security therefore, in which case the transcript shall be paid for by the Court from available funds. Counsel for the government may move also that a copy of the transcript, in whole or in part, be made available to it, for good cause shown, and an order may be entered granting such motion in whole or in part, on appropriate terms, except that the government need not prepay costs nor furnish security therefor.