Rule 5 - Release and Detention Pending Judicial Proceedings1. Defendant charged by indictment.(A) At the indictment return hearing, conditions of pretrial detention or release must be considered as follows:(i) If the indictment addresses the same charges as a criminal complaint pending in a parallel proceeding in justice court, any pretrial detention conditions shall presumptively remain the same as the pretrial detention conditions set in justice court. This presumption is rebuttable, and the district court may change the pretrial detention conditions based on a change of circumstances as stated upon the record. (ii) If the indictment contains any additional or different charges from the criminal complaint pending in a parallel proceeding injustice court, and the State seeks to change the pretrial detention conditions set in the parallel proceeding in justice court, then the district court shall issue a summons or issue a warrant. Additionally, the district court shall determine pretrial detention conditions based on the information available to the district court at the time of the indictment return.(iii) If there is no criminal complaint pending in a parallel proceeding in justice court addressing the same charges as the indictment, then the district court shall issue a summons or issue a warrant. The district court shall also determine pretrial detention conditions based on the information available to the district court at the time of the indictment return.2.Defendant charged by information.(A)A defendant charged by information who has not previously received or waived in the justice court an adversarial hearing addressing pretrial detention conditions upon the charges or subject matter contained in the information may orally request such a hearing at the defendant's initial appearance in the district court. The district court shall promptly hold such a hearing. The prosecutor may respond orally at the hearing to any points raised in the defendant's request.3.Motions to change the defendant's pretrial detention status.(A) Except by agreement of the parties, all motions to change the defendant's pretrial detention status following the defendant's initial post-arrest individualized detention determination shall be in writing, supported by an affidavit or declaration by the movant or the movant's attorney.As adopted effective 3/1/2021.