M.R.U. Crim. P. 4A

(a) Timing: Required Findings. Except in a bona fide emergency or

other extraordinary circumstance, when a defendant arrested without a

warrant for any crime is not released from custody within 48 hours after arrest,

including Saturdays, Sundays, and legal holidays, the court or justice of the

peace shall determine, within that time period, whether there is probable cause

to believe that a crime has been committed and that the arrested defendant has

committed it. If the evidence does not establish such probable cause, the court

or justice of the peace shall discharge the arrested defendant. If a probable

cause determination has not taken place within 36 hours after the arrest,

including Saturdays, Sundays, and legal holidays, the custodian shall notify the

attorney for the State of the upcoming deadline. For purposes of this Rule

“custody” means incarceration. Rule 45(a) and (b) have no application to this

subdivision.

(b) Evidence. In making this determination the court or justice of the

peace shall consider:

(1) the sworn complaint;

(2) an affidavit or affidavits, if any, filed by the State;

(3) a sworn oral statement or statements, if any, made before the court

or justice of the peace that is reduced to writing or electronically recorded by

equipment that is capable of providing a record adequate for purposes of

review. The court or justice of the peace may administer the oath and receive

an oral statement by telephone.

(c) Record. A finding that probable cause does or does not exist shall

be endorsed on the complaint or other appropriate document and filed

together with the sworn complaint, affidavit(s), or other written or recorded

record with the clerk of the Unified Criminal Docket having jurisdiction of the

crime for which the arrested defendant is charged.