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Rule 22.Initial appearance and preliminary examination in cases under Section 78A-6-702and Section 78A-6-703.

(a) When a summons is issued in lieu of awarrant of arrest, the minor shall appear before the court as directed in thesummons.

(b) When any peace officer or other personmakes an arrest of a minor without a warrant, the minor shall be taken to adetention center pending a detention hearing, which shall be held as providedby these rules. When any peace officer makes an arrest of a minor with awarrant, the minor shall be taken to the place designated on the warrant. If an information has not been filed, one shall be filedwithout delay in the court with jurisdiction over the offense.

(c) If a minor is arrested in a county otherthan where the offense was committed the minor shall without unnecessary delaybe returned to the county where the crime was committed and shall be takenbefore a judge of the juvenile court.

(d) The court shall, upon the minor's firstappearance, inform the minor:

(d)(1) of thecharge in the information or indictment and furnish the minor with a copy;

(d)(2) of anyaffidavit or recorded testimony given in support of the information and how toobtain them;

(d)(3) of the rightto retain counsel or have counsel appointed by the court without expense if theminor is unable to obtain counsel;

(d)(4) of rights concerning detention,pretrial release, and bail in the event the minor is bound over to stand trialin district court; and

(d)(5) that theminor is not required to make any statement, and that any statements made maybe used against the minor in a court of law.

(e) The court shall, after providing theinformation under paragraph (d) and before proceeding further, allow the minorreasonable time and opportunity to consult counsel and shall allow the minor tocontact any attorney by any reasonable means, without delay and without fee.

(f)(1) The minor may not be called on toenter a plea. During the initial appearance, the minor shall be advised of theright to a preliminary examination and, as applicable, to a certificationhearing pursuant to Section 78A-6-703 or to the right to present evidenceregarding the conditions established by Section 78A-6-702. If the minor waivesthe right to a preliminary examination and, if applicable, a certificationhearing, and if the prosecuting attorney consents, the court shall order theminor bound over to answer in the district court.

(f)(2) If the minor does not waive apreliminary examination, the court shall schedule the preliminary examination.The time periods of this rule may be extended by the court for good causeshown. The preliminary examination shall be held within a reasonable time, butnot later than ten days after the initial appearance if the minor is in custodyfor the offense charged and the information is filed under Section 78A-6-702.The preliminary examination shall be held within a reasonable time, but notlater than 30 days after the initial appearance if:

(f)(2)(A) the minoris in custody for the offense charged and the information is filed underSection78A-6-703; or

(f)(2)(B) the minoris not in custody.

(f)(3) A preliminary examination may not beheld if the minor is indicted. If the indictment is filed under 78A-6-703, thecourt shall proceed in accordance with Rule 23 to hear evidence presented bythe prosecutor regarding the factors of Section 78A-6-703 for waiver ofjurisdiction and certification, unless the hearing is waived. If the indictmentis filed under Section 78A-6-702, the court shall proceed in accordance withRule 23A to hear evidence presented by the minor regarding the conditions ofSection 78A-6-702, if requested.

(g) A preliminary examination shall be heldunder the rules and laws applicable to criminal cases tried before a court. Thestate has the burden of proof and shall proceed first with its case. At theconclusion of the state's case, the minor may testify under oath, callwitnesses, and present evidence. The minor may cross-examine adverse witnesses.

(h) If from the evidence the court findsprobable cause to believe that the crime charged has been committed and thatthe minor has committed it, and if the information is filed under Section78A-6-703, the court shall proceed in accordance with Rule 23 to hear evidencepresented by the prosecutor regarding the factors of Section 78A-6-703 forwaiver of jurisdiction and certification.

(i) If from theevidence the court finds probable cause to believe that the crime charged hasbeen committed and that the minor has committed it, and if the information isfiled under Section78A-6-702, the court shall proceed in accordance with Rule23A to hear evidence presented by the minor regarding the conditions of Section78A-6-702.

(j) The finding of probable cause may bebased on hearsay in whole or in part. Objections to evidence on the ground thatit was acquired by unlawful means are not properly raised at the preliminaryexamination.

(k) If the court does not find probablecause to believe that the crime charged has been committed or that the minorcommitted it, the court shall dismiss the information and discharge the minor.The court may enter findings of fact, conclusions of law, and an order ofdismissal. The dismissal and discharge do not preclude the state frominstituting a subsequent prosecution for the same offense.

(l) At a preliminary examination, uponrequest of either party, and subject to Title 77, Chapter 38, Victim Rights,the court may:

(l)(1) excludewitnesses from the courtroom;

(l)(2) requirewitnesses not to converse with each other until the preliminary examination isconcluded; and

(l)(3) excludespectators from the courtroom.