GA · rules
Ga. Unif. Super. Ct. R. 26.2
Commitment Hearing by Court of Inquiry
(A) At the commitment hearing by the court of inquiry, the judicial officer shall perform the
following duties:
(1) Explain the probable cause purpose of the hearing;
(2) Repeat to the accused the rights explained at the first appearance;
(3) Determine whether the accused intends to plead "guilty" or "not guilty," or waives the
commitment hearing;
(4) If the accused intends to plead guilty or waives the hearing, the court shall immediately bind
the entire case over to the court having jurisdiction of the most serious offense charged;
(5) If the accused pleads "not guilty" the court shall immediately proceed to conduct the
commitment evidentiary hearing unless, for good cause shown, the hearing is continued to a later
scheduled date;
(6) Cause an accurate record to be made of the testimony and proceeding by any reliable method.
(7) The judicial officer shall bind the entire case over to the court having jurisdiction of the most
serious offense for which probable cause has been shown by sufficient evidence and dismiss any
charge for which probable cause has not been shown.
(8) On each case which is bound over, a memorandum of the commitment shall be entered on the
warrant by the judicial officer. The warrant, bail bond, and all other papers pertaining to the case
shall be forwarded to the clerk of the appropriate court having jurisdiction over the offense for
delivery to the district attorney. Each bail bond shall contain the full name, telephone number,
residence, business and mailing address(es) of the accused and any surety.
(9) A copy of the record of any testimony and the proceedings of the first appearance and the
commitment hearing shall be provided to the proper prosecuting officer and to the accused upon
payment of the reasonable cost for preparation of the record.
(10) A judicial officer, conducting a commitment hearing, is without jurisdiction to make final
disposition of the case or cases at the hearing by imposing any fine or punishment, except where
the only charge arising out of the transaction at issue is the violation of a county ordinance.
(B) At the commitment hearing, the following procedures shall be utilized:
(1) The rules of evidence shall apply except that hearsay may be allowed;
(2) The prosecuting entity shall have the burden of proving probable cause; and may be
represented by a law enforcement officer, a district attorney, a solicitor, a private attorney or
otherwise as is customary in that court;
(3) The accused may be represented by an attorney or may appear pro se; and
(4) The accused shall be permitted to introduce evidence.
History
Amended effective October 28, 1993.
Provenance
- Source
- georgiasuperiorcourts.org
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
20f3010ed1d168c10c59c496fb7480862ff65a8633b56abbf8cce02340f2f3ab
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