Bindinglaw

DC · rules

D.C. Super. Ct. Crim. R. 48

Dismissal

activein force · 2017-05-01 – presentact-effective-date

(a) By the Government.

(1) Information or Complaint. The government may file a dismissal or nolle prosequi

of an information or complaint. Such a dismissal is without prejudice unless otherwise

stated. The government may not dismiss the prosecution during trial without the

defendant’s consent.

(2) Indictment. The government may, with leave of court, dismiss an indictment.

Such a dismissal is without prejudice unless otherwise stated. The government may not

dismiss the prosecution during trial without the defendant’s consent.

(b) By the Court. The court may dismiss an indictment, information, or complaint if

unnecessary delay occurs in:

(1) presenting a charge to a grand jury;

(2) filing an information against a defendant; or

(3) bringing a defendant to trial.

(c) Abandonment of Prosecution.

(1) Determination of Abandonment. If any defendant charged with a criminal offense

is committed or held to bail to await the action of the grand jury and after nine months

the grand jury has not taken action, either by ignoring the charge or by returning an

indictment, the prosecution of such charge must be deemed abandoned and the

defendant must be set free or have the bail discharged.

(2) Enlargement of Time. The court may enlarge the time for taking action by the

grand jury when practicable, so long as good cause for enlargement is shown in writing,

and due notice is given to the defendant.

History

COMMENT TO 2016 AMENDMENTS This rule has been redrafted to conform to the general restyling of the federal rules in 2002. It differs from the federal rule in several respects. Paragraph (a) is divided into two parts. Subparagraph (a)(1) allows the government to enter a dismissal or nolle prosequi of an information or complaint without leave of court, while the federal rule requires leave of court to dismiss an indictment, information, or complaint. Subparagraph (a)(2), like the federal rule, requires leave of court to dismiss an indictment. Paragraph (c) details abandonment of prosecution pursuant to D.C. Code § 23-102 (2012 Repl.).

Provenance

Source
dccourts.gov
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
52f0a3387ec7a1c6f1e387f07997488820b44af2ae6f1895c2d1de5635c4f0dd
View the official source →

The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.

Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.

Coverage · API docs

Bindinglaw

Point-in-time US law with the receipt attached. Source URL, retrieval time, content hash, and validity dates on every answer.

curl api.binding.law/v1/law/coverage

© 2026 binding.law · a Jubal, Inc. productAttorneys and firms never pay. Ever.
D.C. Super. Ct. Crim. R. 48 — Dismissal · binding.law