Rule 46 Release from Custody
Rule Text
(a) Before Trial. The provisions of Rule 5-1 and the statutory provisions incorporated by reference therein govern pretrial release or detention. If either the attorney for the defendant or the prosecution seeks any modification of the conditions of a defendant's release, the party making the motion must first confer with the opposing party or give reasons for not so conferring. The motion must indicate whether the opposing party has any objection.
(b) During Trial. A person released before trial continues on release during trial under the same terms and conditions. But the court may order different terms and conditions or terminate the release if necessary to ensure that the person will be present during trial or that the person's conduct will not obstruct the orderly and expeditious progress of the trial.
(c) Pending Sentence or Appeal. Reserved.
(d) Pending Hearing on a Violation of Probation or Supervised Release. Rule 32.1(a)(6) governs release pending a hearing on a violation of probation or supervised release.
Effective December 1, 2017 (Promulgation Order 2017-010)