The preliminary examination shall be either recorded by suitable sound recording equipment or taken down by a court reporter. The court, upon timely application and such terms and conditions as it may require, shall give the attorney for the defendant and the prosecuting attorney an opportunity to examine any recording of the preliminary examination for their information in connection with any further hearing or their preparation for trial and shall order a transcript make of all or part of such proceedings. Such transcript shall be furnished without cost to the party requesting it. NOTE: Section 45.70 is based on 18 U.S.C.A. § 3060(f) and Rule 5.1(c) of the Federal Rules of Criminal Procedure. Compare former §§ 860, 869-870 makes clear that a complete record of the preliminary examination must always be made and, where needed in subsequent proceedings must be furnished to both the prosecution and the defense. Section 45.70 does not require a transcript in every case because in some cases no probable cause will be found and the complaint will be dismissed and the defendant discharged. See § 45.80. However, even in such cases, a recording will have been made and if a new charge is made in subsequent proceedings, the parties may still need and are authorized to obtain the record or a transcript of the prior proceeding.
COL 2025-12-23