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Supreme Court Rules
Section/Rule:
21.04
Subject:
Rule 21 - Rules of Criminal Procedure - Procedure Applicable to Misdemeanors Only
Publication / Adopted Date:
June 13, 1979
Topic:
Misdemeanors - Statement of Probable Cause - Contents
Revised / Effective Date:
July 1, 2019
21.04. Misdemeanors - Statement of Probable Cause - Contents
A statement of probable cause must be in writing and shall:
(
a
) State the name of the defendant or, if not known, designate the defendant by any name or description by which the defendant can be identified with reasonable certainty;
(
b
) State the date and place of the offense as definitely as can be done;
(
c
) State the facts that support a finding of probable cause to believe an offense was committed and that the defendant committed it;
(
d
) If a warrant will be requested, state the facts, if any, that support a finding of reasonable grounds to believe the defendant will not appear upon a summons or the defendant poses a danger to a crime victim, the community, or any other person;
(e)
State that the facts contained therein are true; and
(
f
) Be signed and on a form bearing notice that false statements made therein are punishable by law.
(Adopted June 13, 1979, eff. Jan. 1, 1980. Amended Jan. 28, 2002, eff. Jan. 1, 2003; Dec. 18, 2018, eff. July 1, 2019.)
Committee Note - 1979
This is new.
Compare: Prior Rule
21.04
, prior Rule
21.08
Fed.R.Crim.P. 3.