Part V · Discovery

Rule 16. Dismissal by the Prosecution

Amended September 1, 2024 (current)

(Applicable to District Court and Superior Court)

(a) 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 or the imposition of probation or the entry of an order of continuance without a finding. A nolle prosequi shall be accompanied by a written statement, signed by the prosecuting attorney, setting forth the reasons for that disposition.

(b) 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.