Preliminary Examination: When Required, Waived

Unless a preliminary examination is waived by the defendant, an information may not be filed until there has been a preliminary examination of the case against the defendant and an order issued holding him to answer under § 45.80. The proceeding for a preliminary examination shall be commenced by a written complaint as provided by § 15.10 and § 45.20. COMMENT: § 1.17 is based on § 738 of the California Penal Code. It makes clear that unless waived, a preliminary examination is prerequisite to the filing of an information. Contrast former Rule 7(a). See note to § 1.15.