Supreme Court Rules - Rule 22 - Rules of Criminal Procedure - Procedure Applicable to Felonies Only: Felonies

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Supreme Court Rules

		Section/Rule:	22.09
Subject:	Rule 22 - Rules of Criminal Procedure - Procedure Applicable to Felonies Only	Publication / Adopted Date:	January 28, 2002
Topic:	Felonies - Preliminary Hearing	Revised / Effective Date:	July 1, 2022

22.09 FELONIES - PRELIMINARY HEARING

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) Preliminary Hearing. After the filing of a felony complaint, a preliminary hearing shall be held within a reasonable time, but no later than 30 days following the defendantꞌs initial appearance if the defendant is in custody and no later than 60 days if the defendant is not in custody.

For good cause, the court may extend the time limits one or more times. Upon each showing of good cause, the court may extend the time for holding a preliminary examination for up to 30 days each time if the defendant is in custody, and up to 60 days each time if the defendant is not in custody. When the court considers whether to extend the time for holding a preliminary hearing under this Rule, the defendant may request and the court may review the defendantꞌs detention or conditions of release pursuant to Rule

33.05

At the preliminary hearing the defendant shall not be called upon to plead. If the defendant waives preliminary hearing, the court shall order the defendant to appear to answer to the charge.

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) Conduct of Hearing and Finding by the Court. If the defendant does not waive preliminary hearing, the hearing shall be held. The defendant must appear in person unless the defendant waives his or her right to be physically present and the court agrees to conduct the hearing by interactive video technology. The defendant may cross-examine witnesses and may introduce evidence.

If the court finds probable cause to believe a felony has been committed and the defendant has committed it, the court shall order the defendant to appear and answer to the charge; otherwise, the court shall discharge the defendant.

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) Defendant to Appear in Court to Answer the Charge. If the defendant is held to answer to the charge, the court shall order the defendant to appear in the appropriate division on a day certain as soon as practicable, but not more than 40 days after completion of the preliminary hearing.

Within five days after concluding the proceedings, the court shall cause all papers in the proceeding and any bail posted by the defendant to be transmitted to that division.

(Adopted Jan. 28, 2002, eff. Jan. 1, 2003. Amended Dec, 18, 2018, eff. July 1, 2019; Sept. 1, 2020, eff. Mar. 1, 2021; Oct. 26, 2021, eff. Jul. 1, 2022.)