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Rule 5.5. Review of a Magistrate's Probable Cause Determination

Arizona Revised Statutes AnnotatedRules of Criminal Procedure

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
II. Preliminary Proceedings
Rule 5. Preliminary Hearing (Refs & Annos)
16A A.R.S. Rules Crim.Proc., Rule 5.5
Rule 5.5. Review of a Magistrate's Probable Cause Determination
(a) Grounds. The superior court may review a magistrate's determination to bind over a defendant only if the defendant files a motion for a new probable cause finding. The court may grant the motion only if the defendant was denied a substantial procedural right or the magistrate's probable cause finding was not supported by credible evidence. If the motion challenges the sufficiency of the evidence supporting the probable cause finding, it must state specifically the ways in which credible evidence was lacking.
(b) Timeliness. A motion under this rule must be filed no later than 25 days after the preliminary hearing is completed.
(c) Evidence. A superior court's review of the evidence is limited to the certified transcript and exhibits admitted at the preliminary hearing.
(d) Relief. If the court grants a motion for a new probable cause finding, the court must remand the action to the magistrate with appropriate instructions. Unless a new preliminary hearing is commenced within 15 days after the remand order is filed, the case must be dismissed.

Credits

Added Aug. 31, 2017, effective Jan. 1, 2018.
16A A. R. S. Rules Crim. Proc., Rule 5.5, AZ ST RCRP Rule 5.5
State Court Rules are current with amendments received through November 15, 2023. The Code of Judicial Administration is current with amendments received through November 1, 2023.
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