W.R.Cr.P. 5.1

(a) Examination. — In all cases required to be tried in the district court,

except upon indictment, the defendant shall be entitled to a preliminary

examination in the circuit court. Use of video conferencing at preliminary

examination shall be governed by W.R.Cr.P. 43.1(b)(2). The defendant may

waive preliminary examination but the waiver must be written or on the

record. If the preliminary examination is waived, the case shall be transferred

to district court for further proceedings.

(b) Probable cause finding. — If from the evidence it appears that there is

probable cause to believe that the charged offense or lesser included offense

has been committed and that the defendant committed it, the judicial officer

shall enter an order so finding and the case shall be transferred to the district

court for further proceedings. The finding of probable cause may be based upon

hearsay evidence in whole or in part. The defendant may cross-examine

adverse witnesses and may introduce evidence. Objections to evidence on the

ground that it was acquired by unlawful means are not properly made at the

preliminary examination. Motions to suppress must be made to the trial court

as provided in Rules 12 and 41(g).

(c) Discharge of defendant. — If from the evidence it appears that there is no

probable cause to believe that an offense has been committed or that the

defendant committed it, the judicial officer shall dismiss the information and

discharge the defendant. The discharge of the defendant shall not preclude the

state from instituting a subsequent prosecution for the same offense.

(d) Record of proceedings. — On timely application to the court, counsel for

the parties shall be given an opportunity to have the recording of the hearing

made available for their information in connection with any further proceedings or in connection with their preparation for trial. The court may appoint

the time, place and conditions under which such opportunity is afforded

counsel.