Rule 5.1 Preliminary Hearing
Rule Text
(a) IN GENERAL. If a defendant is charged with a felony, the court must conduct a preliminary hearing unless:
(1) the defendant waives the hearing;
(2) the defendant is indicted;
(3) the government files an information under Rule 7(b) charging the defendant with a felony; or
(4) the government files an information charging the defendant with a misdemeanor.
(b) SCHEDULING. Unless otherwise provided by statute, the court must hold the preliminary hearing within a reasonable time, but no later than 14 days after the initial appearance if the defendant is detained and no later than 21 days if the defendant is not detained.
(c) EXTENDING THE TIME. With the defendant’s consent and upon a showing of good cause—taking into account the public interest in the prompt disposition of criminal cases—the court may extend the time limits in Rule 5.1(b) one or more times. If the defendant does not consent, the court may extend the time limits only on a showing that extraordinary circumstances exist and justice requires the delay.
(d) HEARING AND FINDING. At the preliminary hearing, the defendant must not be called upon to plead. The finding of probable cause may be based on hearsay evidence in whole or in part. The defendant may cross-examine adverse witnesses and may introduce evidence but may not object to evidence on the ground that it was unlawfully acquired. Motions to suppress must be made to the court as provided in Rules 12 and 47. The purpose of the preliminary hearing is not for discovery. 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 court must promptly require the defendant to appear for further proceedings.
(e) DISCHARGING THE DEFENDANT. If the court finds no probable cause to believe an offense has been committed or the defendant committed it, the court must dismiss the complaint and discharge the defendant. A discharge does not preclude the government from later prosecuting the defendant for the same offense.
(f) PRODUCING A STATEMENT.
(1) In General. Rule 26.2(a)-(d) and (f) applies at any hearing under this rule, unless the court for good cause rules otherwise in a particular case.
(2) Sanctions for Not Producing a Statement. If a party disobeys a Rule 26.2 order to deliver a statement to the moving party, the court must not consider the testimony of a witness whose statement is withheld.