W.R.Cr.P. 48

(a) By attorney for the state. —

(1) The attorney for the state may, by leave of court, file a dismissal of an

indictment, information or citation, and the prosecution shall thereupon

terminate. Such a dismissal may not be filed during the trial without the

consent of the defendant.

(2) If the attorney for the state refiles the same or similar indictment,

information or citation, the time between arraignment and dismissal (minus

appropriate exclusions) shall count against the 180-day period of subsection

(b), absent a demonstration that the state has been prosecuting the matter

diligently and that it dismissed and refiled charges for proper reasons and

not to evade the speedy trial deadline set forth in this rule. Before

arraignment in a felony case and no later than arraignment in a misdemeanor case, the attorney for the state shall notify the court and the

defendant in writing if the state contends the time between prior arraignment and dismissal (minus appropriate exclusions) should not count against

the 180 days. The court shall then conduct appropriate proceedings and

enter an order determining the issue and establishing a deadline for the

180-day period.

(b) Speedy trial. —

(1) It is the responsibility of the court, counsel and the defendant to insure

that the defendant is timely tried.

(2) A criminal charge shall be brought to trial within 180 days following

arraignment unless continued as provided in this rule.

(3) The following periods shall be excluded in computing the time for trial:

(A) All proceedings related to the mental illness or deficiency of the

defendant;

(B) Proceedings on another charge;

(C) The time between the dismissal and the refiling of the same charge;

and

(D) Delay occasioned by defendant’s change of counsel or application

therefor.

(4) Continuances exceeding 180 days from the date of arraignment may be

granted by the trial court as follows:

(A) On motion of defendant; or

(B) On motion of the attorney for the state or the court if:

(i) The defendant expressly consents;

(ii) The state’s evidence is unavailable and the prosecution has

exercised due diligence; or

(iii) Required in the due administration of justice and the defendant

will not be substantially prejudiced; and

(C) If a continuance is proposed by the state or the court, the defendant

shall be notified. If the defendant objects, the defendant must show in

writing how the delay may prejudice the defense.

(5) Any criminal case not tried or continued as provided in this rule shall

be dismissed 180 days after arraignment.

(6) If the defendant is unavailable for any proceeding at which the

defendant’s presence is required, the case may be continued for a reasonable

time by the trial court but for no more than 180 days after the defendant is

available or the case further continued as provided in this rule.

(7) A dismissal for lack of a speedy trial under this rule shall not bar the

state from again prosecuting the defendant for the same offense unless the

defendant made a written demand for a speedy trial or can demonstrate

prejudice from the delay.