Wyo. R. Crim. P. 5.1 (2026)

Rule 5.1. Preliminary Examination. (a) 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. Use of video conferencing at preliminary examination shall be governed by W.R.Cr.P. 43.1(b)(2). 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. (b) Probable cause finding. — 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). (c) Discharge of defendant. — 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. (d) Record of proceedings. — 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 proceed- ings or in connection with their preparation for trial. The court may appoint the time, place and conditions under which such opportunity is afforded counsel.