Section 180.40. Proceedings upon felony complaint; application in superior court following hearing or waiver of hearing  


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  • Where the local criminal court has held a defendant for the action  of
      a  grand jury, the district attorney may, at any time before such matter
      is submitted to the grand jury, apply,  ex  parte,  to  the  appropriate
      superior  court  for  an  order  directing that the felony complaint and
      other papers transmitted to such court pursuant to  subdivision  one  of
      section   180.30   be   returned   to   the  local  criminal  court  for
      reconsideration of the action to be taken.  The superior court may issue
      such an order if it is satisfied that the felony complaint is  defective
      or that such action is required in the interest of justice.