Modification of pretrial status order.

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  • (1) A motion to modify a pretrial status order may be made:
    • (a) by a party at any time after a pretrial status order is issued; and
    • (b) only upon a showing that there has been a material change in circumstances.
  • (2)
    • (a) If a party makes a motion to modify the pretrial status order, the party shall provide notice to the opposing party sufficient to permit the opposing party to prepare for a hearing and to permit each alleged victim to be notified and be present.
    • (b) A hearing on a motion to modify a pretrial status order may be held in conjunction with a preliminary hearing or any other pretrial hearing.
  • (3) In ruling upon a motion to modify a pretrial status order, the judge may:
    • (a) rely on information as provided in Subsection 77-20-205(7);
    • (b) base the judge's ruling on evidence provided at the hearing so long as each party is provided an opportunity to present additional evidence or information relevant to pretrial release; and
    • (c) modify the pretrial status order, including the conditions of release, upon a finding that there has been a material change in circumstances.




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