2024 California Rules of Court
Rule 4.131. Probable cause determinations under section 1368.1(a)(2)
(a) Notice of a request for a determination of probable cause
The prosecuting attorney must serve and file notice of a request for a determination of probable cause on the defense at least 10 court days before the time appointed for the proceeding.
(b) Judge requirement
A judge must hear the determination of probable cause unless there is a stipulation by both parties to having the matter heard by a subordinate judicial officer.
(c) Defendant need not be present
A defendant need not be present for a determination of probable cause to proceed.
(d) Application of section 861
The one-session requirement of section 861 does not apply.
(e) Transcript
A transcript of the determination of probable cause must be provided to the prosecuting attorney and counsel for the defendant consistent with the manner in which a transcript is provided in a preliminary examination.
Rule 4.131 adopted effective January 1, 2019.