Arizona

Criminal Procedure

Criminal Procedure

Rule 5.3 – Nature of the Preliminary Hearing

(a)Procedure.

(1)Permitted Evidence. During a preliminary hearing, a magistrate may admit evidence only if it is material to whether there is probable cause to hold the defendant for trial.
(2)Cross-Examination; Witness Statements. All parties have the right to cross-examine a witness who testifies in person at the hearing, and to review any of the witness’s previous written statements before conducting cross-examination.
(3)Probable Cause Ruling. At the close of the State’s case, the magistrate must determine and state for the record whether the State’s case establishes probable cause.
(4)Offer of Proof. If the magistrate rules that there is probable cause, the defendant may make a specific offer of proof to the contrary, including the identities of witnesses who would testify or produce the offered evidence. The magistrate must allow the defendant to present the offered evidence, unless the magistrate determines that, even if true, the evidence would be insufficient to rebut the probable cause finding.
(b)Unlawfully Obtained Evidence. A court must not exclude evidence during a preliminary hearing solely on the ground that it was obtained unlawfully.

Ariz. R. Crim. P. 5.3

Added August 31, 2017, effective January 1, 2018.

HISTORICAL AND STATUTORY NOTES

Former Rule 5.3, relating to nature of preliminary hearing, was abrogated effective January 1, 2018.