Rule 26.2.Commitment Hearing by Court of Inquiry

Rule 26. PRE-INDICTMENT PROCEEDINGS · Last amended 1993 · Last verified July 17, 2026

In one sentenceRule 26.2 governs the commitment hearing where a court of inquiry decides whether probable cause supports each felony charge, applying the rules of evidence but allowing hearsay, letting the accused plead, testify, or be represented, and binding the case over to the appropriate court on any charge probable cause supports while dismissing the rest.

Full Text of Rule 26.2

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(A) At the commitment hearing by the court of inquiry, the judicial officer shall perform the following duties:

(1) Explain the probable cause purpose of the hearing;

(2) Repeat to the accused the rights explained at the first appearance;

(3) Determine whether the accused intends to plead "guilty" or "not guilty," or waives the commitment hearing;

(4) If the accused intends to plead guilty or waives the hearing, the court shall immediately bind the entire case over to the court having jurisdiction of the most serious offense charged;

(5) If the accused pleads "not guilty" the court shall immediately proceed to conduct the commitment evidentiary hearing unless, for good cause shown, the hearing is continued to a later scheduled date;

(6) Cause an accurate record to be made of the testimony and proceeding by any reliable method.

(7) The judicial officer shall bind the entire case over to the court having jurisdiction of the most serious offense for which probable cause has been shown by sufficient evidence and dismiss any charge for which probable cause has not been shown.

(8) On each case which is bound over, a memorandum of the commitment shall be entered on the warrant by the judicial officer. The warrant, bail bond, and all other papers pertaining to the case shall be forwarded to the clerk of the appropriate court having jurisdiction over the offense for delivery to the district attorney. Each bail bond shall contain the full name, telephone number, residence, business and mailing address(es) of the accused and any surety.

(9) A copy of the record of any testimony and the proceedings of the first appearance and the commitment hearing shall be provided to the proper prosecuting officer and to the accused upon payment of the reasonable cost for preparation of the record.

(10) A judicial officer, conducting a commitment hearing, is without jurisdiction to make final disposition of the case or cases at the hearing by imposing any fine or punishment, except where the only charge arising out of the transaction at issue is the violation of a county ordinance.

(B) At the commitment hearing, the following procedures shall be utilized:

(1) The rules of evidence shall apply except that hearsay may be allowed;

(2) The prosecuting entity shall have the burden of proving probable cause; and may be represented by a law enforcement officer, a district attorney, a solicitor, a private attorney or otherwise as is customary in that court;

(3) The accused may be represented by an attorney or may appear pro se; and

(4) The accused shall be permitted to introduce evidence.

End

Plain-English Summary

Rule 26.2 governs the commitment hearing that follows first appearance under Rule 26.1. At that hearing, the judicial officer explains its probable-cause purpose, repeats the rights covered at first appearance, and determines whether the accused intends to plead guilty, plead not guilty, or waive the commitment hearing altogether — the plea or waiver decision is made at this hearing, not before it. A guilty plea or a waiver sends the entire case to the court with jurisdiction over the most serious charge; a not-guilty plea moves the case into an evidentiary hearing on probable cause, unless the officer continues it for good cause.

At that evidentiary hearing, the rules of evidence apply, but hearsay is allowed — a looser standard than a trial. The prosecution carries the burden of showing probable cause and can appear through a law enforcement officer, a district attorney, a solicitor, or a private attorney. The accused can be represented by counsel or proceed without one, and can introduce evidence.

The hearing produces concrete outcomes: the officer binds the case over to the court with jurisdiction over the most serious charge that probable cause supports and dismisses any charge that lacks it, notes the disposition on the warrant, and forwards the file to the clerk of the appropriate court for the district attorney. A judicial officer running a commitment hearing cannot impose a final sentence at the hearing, apart from the narrow exception of a county ordinance violation, and the district attorney and accused can get a copy of the hearing record on paying the reasonable cost to prepare it.

Frequently Asked Questions

What happens at a commitment hearing if the accused pleads guilty or waives the hearing?

The court immediately binds the entire case over to the court having jurisdiction of the most serious offense charged.

Does the hearsay rule apply at a commitment hearing the way it applies at trial?

No. The rules of evidence apply, but hearsay may be allowed.

Who has the burden of proving probable cause at the commitment hearing?

The prosecuting entity, which may be represented by a law enforcement officer, a district attorney, a solicitor, a private attorney, or otherwise as is customary in that court.

Can a judicial officer impose a sentence at the commitment hearing?

No, except where the only charge arising from the transaction is a county ordinance violation — otherwise the officer lacks jurisdiction to make a final disposition at the hearing.

What happens to a charge for which probable cause is not shown at the hearing?

It is dismissed, while any charge for which probable cause has been shown is bound over to the court with jurisdiction over the most serious such offense.

Amendment History

Amended effective October 28, 1993.

Source & verification. Rule text and amendment history are reproduced verbatim from the Uniform Superior Court Rules, published by the Council of Superior Court Judges of Georgia. Last verified July 17, 2026. · Official source

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