RULE No. 45 – PROBABLE CAUSE

When a private citizen or attorney files a criminal or traffic affidavit without authorization from a prosecutor, law enforcement officer, or judge, the Clerk shall number, index and docket that affidavit separate from other filings. Such affidavit shall be assigned as provided in SMCR No. 8, and the assigned judge shall schedule a date for a probable cause hearing.

If the judge finds no probable cause for the affidavit, it shall be ordered dismissed.

Back|Forward|Home