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Rule 25. Dismissal without trial.

(a) Dismissingan information. In its discretion, for substantial cause and in furtheranceof justice, the court may, either on its own initiative or upon application ofeither party, order an information or indictment dismissed.

(b) Mandatorydismissal. The court shall dismiss the information or indictment when:

(b)(1) There is unreasonable or unconstitutionaldelay in bringing defendant to trial;

(b)(2) The allegations of the information orindictment, together with any bill of particulars furnished in support thereof,do not constitute the offense intended to be chargedin the pleading so filed;

(b)(3) It appears that there was a substantialand prejudicial defect in the impaneling or in the proceedings relating to thegrand jury;

(b)(4) The court is without jurisdiction; or

(b)(5) The prosecution isbarred by the statute of limitations.

(c) Recordof dismissal. The reasons for any such dismissal shall be set forth in anorder and entered in the minutes.

(d) Effectsof dismissal. If the dismissal is based upon the groundsthat there was unreasonable delay, or the court is without jurisdiction, or theoffense was not properly alleged in the information or indictment, or there wasa defect in the impaneling or of the proceedings relating to the grand jury,further prosecution for the offense shall not be barred and the court may makesuch orders with respect to the custody of the defendant pending the filing ofnew charges as the interest of justice may require. Otherwisethe defendant shall be discharged and bail exonerated.

An order of dismissal based uponunconstitutional delay in bringing the defendant to trial or based upon thestatute of limitations, shall be a bar to any other prosecution for the offensecharged.

(e) Dismissalby compromise. In misdemeanor cases, upon motion of the prosecutor, thecourt may dismiss the case if it is compromised by thedefendant and the injured party. The injured party shall firstacknowledge the compromise before the court or in writing. The reasons for theorder shall be set forth therein and entered in the minutes. The order shall bea bar to another prosecution for the same offense; provided however, thatdismissal by compromise shall not be granted when the misdemeanor is committedby or upon a peace officer while in the performance of duties, or riotously, orwith an intent to commit a felony.

 

Effective April 1, 2012