Part II · Preliminary Proceedings

Rule 2.4. Duty of Magistrate upon Presentation of Complaint or Affidavit Under A.R.S. § 13 3897(a)

Amended December 1, 2025 (current)

(a) Complaint Under Oath If a complaint is presented under Rule 2.3(a)(2), the magistrate must determine whether there is probable cause to believe an offense has been committed and whether the defendant committed it. If the magistrate finds probable cause, the magistrate must proceed under Rule 3.1. If the magistrate does not find probable cause, the magistrate must dismiss the complaint.

(b) Complaint Signed by a Prosecutor If a complaint is signed by a prosecutor, the magistrate must proceed under Rule 3.1.

(c) Affidavit Under A R.S. § 13-3897(A).If an affidavit is presented under A.R.S. § 13-3897(A), the magistrate must determine whether there is probable cause to believe a felony offense has been committed and whether the person named in the affidavit committed it. If the magistrate finds probable cause, the magistrate must proceed under Rules 2.7 and 3.1. If the magistrate does not find probable cause, the magistrate must deny the request.