Rule 2.4 Duty of Magistrate upon Presentation of Complaint or Affidavit Under A.R.S. § 13 3897...
II. Preliminary Proceedings | Rule 2. Commencement of Criminal Proceedings
Rule Text
(a) Complaint Under Oath. If a complaint is presented under Rule 2.3(a)(2), the magistrate must determine whether there is probable cause to believe an offense has been committed and whether the defendant committed it. If the magistrate finds probable cause, the magistrate must proceed under Rule 3.1. If the magistrate does not find probable cause, the magistrate must dismiss the complaint.
(b) Complaint Signed by a Prosecutor. If a complaint is signed by a prosecutor, the magistrate must proceed under Rule 3.1.
(c) Affidavit Under A.R.S. § 13-3897(A). If an affidavit is presented under A.R.S. § 13-3897(A), the magistrate must determine whether there is probable cause to believe a felony offense has been committed and whether the person named in the affidavit committed it. If the magistrate finds probable cause, the magistrate must proceed under Rules 2.7 and 3.1. If the magistrate does not find probable cause, the magistrate must deny the request.
Amendment history: Added Aug. 31, 2017, effective Jan. 1, 2018. Amended on an emergency basis Aug. 28, 2025, effective Sept. 26, 2025; amended on an emergency basis, effective Dec. 1, 2025.