Cal. Rules of Court, rule 4.133 · Chapter 1. Pretrial Proceedings
Probable cause determinations under section 1368.1(a)(2)
Text — As posted by the Judicial Council of California (read October 22, 2026)
(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.
Notes and commentary — not rule text
History
Rule 4.133 was renumbered effective January 1, 2026; adopted as Rule 4.131 effective January 1, 2019.
Source of truth
- Edition
- As posted by the Judicial Council of California (read October 22, 2026)
- Official file
- https://courts.ca.gov/cms/rules/index/four/rule4_133
- Text hash
- sha256 8f4649b9614cd0746488588f988c36e55b063e6ea0b54c1e259faf9dc168a706
- Composed by
- compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.