Wyo. R. Prac. & P. 5
A person arrested and in custody shall be taken without unnecessary delay before a judicial officer of the court from which the warrant issued or if no warrant has issued before a judicial officer of the court where the charging document will be filed. A person arrested without a warrant shall be released from custody unless probable cause for the arrest is established to the satisfaction of a judicial officer without unnecessary delay, but in no more than 72 hours. When a person arrested without a warrant is brought before a judicial officer an information or citation shall be filed at or before the initial appearance and, unless a judicial officer has previously found probable cause for the arrest, probable cause shall be established by affidavit or sworn testimony. When a person, arrested with or without a warrant or given a summons, appears initially before the judicial officer, the judicial officer shall proceed in accordance with the applicable subdivision of this rule.
If the charge against the defendant is not one which is required to be tried in district court no preliminary examination shall be held. The defendant may be arraigned at the initial appearance or at a later time. Arraignment shall be conducted in open court and shall consist of reading the information or citation to the defendant or stating to the defendant the substance of the charge and calling on the defendant to plead thereto. The defendant shall be given a copy of the information or citation and any supporting affidavits before being called upon to plead. In addition, the judicial officer shall inform the defendant of the following:
If the charge against the defendant is required to be tried in district court, the defendant shall not be called upon to plead until arraignment in district court.
At the initial appearance, the defendant shall be given a copy of the information or citation and any supporting affidavits. The judicial officer shall read the information or citation to the defendant or state to the defendant the substance of the charge, and shall explain the defendant's right to retain counsel or to request the assignment of counsel if the defendant is unable to obtain counsel, and of the general circumstances under which the defendant may secure pretrial release. The judicial officer shall inform the defendant that the defendant is not required to make a statement and that any statement made by the defendant may be used against the defendant. The judicial officer shall also inform the defendant of the right to a preliminary examination. The judicial officer shall allow the defendant reasonable time and opportunity to consult counsel and shall detain or conditionally release the defendant as authorized by statute or these rules.
A defendant is entitled to a preliminary examination, unless waived, when charged by information or citation with any offense required to be tried in the district court. If the defendant waives preliminary examination, the case shall be transferred to the district court. If the defendant does not waive the preliminary examination, the judicial officer shall schedule a preliminary examination. Such examination shall be held within a reasonable time but in any event not later than 10 days following the initial appearance if the defendant is in custody and not later than 20 days if the defendant is not in custody, provided, however, that the preliminary examination shall not be held if the defendant is indicted before the date set for the preliminary examination. With the consent of the defendant and upon a showing of good cause, taking into account the public interest in the prompt disposition of criminal cases, time limits specified in this subdivision may be extended one or more times by a judicial officer. In the absence of such consent by the defendant, time limits may be extended by a judicial officer only upon a showing that extraordinary circumstances exist and that delay is indispensable to the interests of justice.
Rule 5(c) does not apply to offenses for which a grand jury has issued an indictment.
(amended July 22, 1993; effective October 19, 1993; amended July 24, 2001, effective November 1, 2001)
Rule 5.1 Preliminary examination.
In all cases required to be tried in the district court, except upon indictment, the defendant shall be entitled to a preliminary examination in the circuit court. The defendant may waive preliminary examination but the waiver must be written or on the record. If the preliminary examination is waived, the case shall be transferred to district court for further proceedings.
If from the evidence it appears that there is probable cause to believe that the charged offense or lesser included offense has been committed and that the defendant committed it, the judicial officer shall enter an order so finding and the case shall be transferred to the district court for further proceedings. The finding of probable cause may be based upon hearsay evidence in whole or in part. The defendant may cross-examine adverse witnesses and may introduce evidence. Objections to evidence on the ground that it was acquired by unlawful means are not properly made at the preliminary examination. Motions to suppress must be made to the trial court as provided in Rules 12 and 41(g).
If from the evidence it appears that there is no probable cause to believe that an offense has been committed or that the defendant committed it, the judicial officer shall dismiss the information and discharge the defendant. The discharge of the defendant shall not preclude the state from instituting a subsequent prosecution for the same offense.
On timely application to the court, counsel for the parties shall be given an opportunity to have the recording of the hearing made available for their information in connection with any further proceedings or in connection with their preparation for trial. The court may appoint the time, place and conditions under which such opportunity is afforded counsel.
Wyo. R. Prac. & P. 5
amended July 22, 1993, effective October 19, 1993; amended June 30, 2000 , effective July 1, 2000; amended December 2, 2002, effective January 6, 2003