CA · rules
Cal. Rules of Court, rule 4.133
Probable cause determinations under section 1368.1(a)(2)
(a) Notice of a request for a determination of probable cause
The prosecuting attorney must serve and file notice of a request for a determination of probable cause on the defense at least 10 court days before the time appointed for the proceeding.
(b) Judge requirement
A judge must hear the determination of probable cause unless there is a stipulation by both parties to having the matter heard by a subordinate judicial officer.
(c) Defendant need not be present
A defendant need not be present for a determination of probable cause to proceed.
(d) Application of section 861
The one-session requirement of section 861 does not apply.
(e) Transcript
A transcript of the determination of probable cause must be provided to the prosecuting attorney and counsel for the defendant consistent with the manner in which a transcript is provided in a preliminary examination.
History
Rule 4.133 was renumbered effective January 1, 2026; adopted as Rule 4.131 effective January 1, 2019.
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
ae724c145348df9d979c778d4573176d7024e2fb3b485f6d79306a7899787f0b
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