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 4.133 was renumbered effective January 1, 2026; adopted as Rule 4.131 effective January 1, 2019.