D.C. Super. Ct. Crim. R. 5.1

(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.