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No, he can not; a judge must hear both accounts of the event before reaching a jurisdiction.

Another View: Judges play no part in the indictment process. ONLY the Grand Jury can issue, or alter a true bill of indictment. The Grand Jury is a "creature" of the Prosecutor's Office, representing the Executive Branch of government. Judges are part of the Judicial Branch.

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Q: Can a judge make a ruling on a motion to amend an indictment without first hearing arguments from both sides?
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