Rule 4.133. Probable cause determinations under section 1368.1(a)(2)
Cal. Rules of Court, rule 4.133
Current text effective January 1, 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.
#History
Rule 4.133 was renumbered effective January 1, 2026; adopted as Rule 4.131 effective January 1, 2019.
What this rule requires
Filing Timing and Cure Windows
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.
Service and Proof of Service Rules
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.
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.
Official text: courts.ca.gov , checked October 19, 2026.