ME · rules
M.R.U. Crim. P. 48
DISMISSAL
(a) By the Attorney for the State. The attorney for the State may file a
written dismissal of an indictment, information, or complaint or any count of
an indictment, information, or complaint, setting forth the reasons for the
dismissal, and the prosecution relating to that dismissal shall thereupon
terminate. Such a dismissal may not be filed during the trial without the
consent of the defendant.
(b) By the Court.
(1) If there is unnecessary delay in bringing a defendant to trial, the court
may upon motion of the defendant or on the court’s own motion dismiss the
indictment, information, or complaint. The court shall direct whether the
dismissal is with or without prejudice.
(2) If no indictment has been returned by the grand jury within 6 months
after the initial appearance of the defendant or after the 3rd regularly
scheduled session of the grand jury after the initial appearance, whichever
occurs first, the court shall dismiss the complaint, unless within the time period
specified in this paragraph the attorney for the State moves to enlarge the
period and shows the court good cause why the complaint should remain on
the docket. The dismissal pursuant to this paragraph shall be without
prejudice.
Provenance
- Source
- courts.maine.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
e988baecca01ff48700ba2700db060d316cedb55a156df717b242e76d162fdac
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