TITLE TWO — PRELIMINARY PROCEEDINGS
Rule 16. Dismissal by the Prosecution
Entry of a Nolle Prosequi. A prosecuting attorney may enter a nolle prosequi of pending charges at any time prior to the pronouncement of sentence. A nolle prosequi shall be accompanied by a written statement, signed by the prosecuting attorney, setting forth the reasons for that disposition.
Form. The statement shall identify the case by its case number, identify the defendant by username, identify each count and each defendant to which the nolle prosequi applies, and state the reasons for the disposition. It shall bear the electronic signature of the prosecuting attorney who transmits it, which constitutes that person’s declaration under penalty of perjury as to its contents.
Filing and Entry. The nolle prosequi is filed through the electronic filing system as provided in Rule 32, or is announced in open court and entered by the court upon the docket. It takes effect upon its entry on the docket. Entry on the docket of a nolle prosequi announced in open court shall be made forthwith by the clerk.
Leave of Court. No leave of court is required for a nolle prosequi entered before jeopardy attaches. The court may require the prosecuting attorney to state the reasons on the record, and shall enter those reasons upon the docket.
Entry of a Nolle Prosequi During Trial. After jeopardy attaches, a nolle prosequi entered without the consent of the defendant shall have the effect of an acquittal of the charges contained in the nolle prosequi.
Consent. The consent of the defendant shall be given by the defendant personally, on the record, after the court has informed the defendant that a nolle prosequi entered with consent does not operate as an acquittal and does not bar a further prosecution for the same conduct.
Partial Nolle Prosequi. A nolle prosequi may be entered as to one or more counts, or as to one or more of several defendants, and shall specify each count and each defendant by username. The case continues as to every count and defendant not named.
Effect on Process, Detention, and In-Game Entries. Upon the entry of a nolle prosequi disposing of all charges against a defendant:
the court shall recall any outstanding arrest warrant or bench warrant issued in the case, and shall cause the corresponding entry to be removed from the in-game warrants system;
a defendant held in pre-trial detention under 6 R. Stat. § 131.202 or § 131.203 shall be released forthwith, and the clerk shall transmit notice of the release to the facility holding the defendant;
any summons for a witness issued under Rule 17 is discharged, and every witness under a continuing obligation of attendance under 6 R. Stat. § 131.302 is excused;
any protective order entered under Rule 14(a)(6) continues in force unless the court orders otherwise; and
Effect on Further Prosecution. A nolle prosequi entered before jeopardy attaches does not bar a further prosecution for the same conduct. Where a charge is renewed upon the same criminal conduct or episode, the periods prescribed by Rule 19 that elapsed under the earlier charge and under the renewed charge shall be aggregated, and the period during which no charge was pending is excluded. Where the court finds that a nolle prosequi was entered to evade the operation of Rule 19 or to obtain a tactical advantage, it shall dismiss the renewed charge with prejudice.
Notice to the Victim. Before entering a nolle prosequi the prosecuting attorney shall make a reasonable effort to confer with and to notify the victim, as provided by Rule 20(d)(1) and (d)(3). The statement required by subdivision (a) shall state whether that effort was made. A failure to confer or to notify does not invalidate the nolle prosequi.
Dismissal on the Prosecution’s Motion. In place of a nolle prosequi the prosecuting attorney may move the court to dismiss a charge. The motion shall state the reasons. The court shall grant the motion unless it finds that dismissal would be contrary to the manifest interest of justice, in which event it shall state its reasons on the record.
Failure to Prosecute. Where the State fails to appear at a proceeding of which it has had notice, or is not prepared to proceed on the date and at the time set for trial, the court may on its own motion or on the motion of the defendant dismiss the charge, and shall do so where the period prescribed by Rule 19 has expired. A dismissal under this subdivision is governed by Rule 19(f).