Arizona

Criminal Procedure

Criminal Procedure

Rule 5.5 – Review of a Magistrates 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.

Ariz. R. Crim. P. 5.5

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

HISTORICAL AND STATUTORY NOTES

Former Rule 5.5, relating to review of preliminary hearing, was abrogated effective January 1, 2018.