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Rule 25. Dismissal without trial.

(a) Dismissing an information. Inits discretion, for substantial cause and in furtherance of justice, the courtmay, either on its own initiative or upon application of either party, order aninformation or indictment dismissed.

(b) Mandatory dismissal. Thecourt 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 or indictment,together with any bill of particulars furnished in support thereof, do notconstitute the offense intended to be charged in the pleading sofiled;

(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 is barred bythe statute of limitations.

(c) Record of dismissal. Thereasons for any such dismissal shall be set forth in an order and entered in theminutes.

(d) Effects of dismissal. Ifthe dismissal is based upon the grounds that there was unreasonable delay, orthe court is without jurisdiction, or the offense was not properly alleged inthe information or indictment, or there was a defect in the impaneling or ofthe proceedings relating to the grand jury, further prosecution for the offenseshall not be barred and the court may make such orders with respect to thecustody of the defendant pending the filing of new charges as the interest ofjustice may require. Otherwise the defendant shall be discharged andbail 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) Dismissal by compromise. Inmisdemeanor cases, upon motion of the prosecutor, the court may dismiss thecase if it is compromised by the defendant and the injured party. Theinjured party shall first acknowledge the compromise before the court or inwriting. The reasons for the order shall be set forth therein and entered inthe minutes. The order shall be a bar to another prosecution for the sameoffense; provided however, that dismissal by compromise shall not be grantedwhen the misdemeanor is committed by or upon a peace officer while in theperformance of duties, or riotously, or with an intent to commit a felony.

 

Effective January 1, 1989