Rule 16.4 - Dismissal of Prosecution(a)On the State's Motion. On the State's motion and for good cause, the court may order a prosecution dismissed without prejudice if it finds that the dismissal is not to avoid Rule 8 time limits.(b)On a Defendant's Motion. On a defendant's motion, the court must order a prosecution's dismissal if it finds that the indictment, information, or complaint is insufficient as a matter of law.(c) Record. If the court grants a motion to dismiss a prosecution, it must state on the record its reasons for ordering dismissal.(d)Effect of Dismissal. Dismissal of a prosecution is without prejudice to commencing another prosecution, unless the court finds that the interests of justice require that the dismissal to be with prejudice.(e)Release of Defendant; Exoneration of Bond. If a court dismisses a prosecution, the court must order the release of the defendant from custody, unless the defendant also is being held on another charge. It also must exonerate any appearance bond.Added August 31, 2017, effective 1/1/2018.HISTORICAL AND STATUTORY NOTES
Former Rule 16.4, relating to mandatory prehearing conference, was abrogated effective January 1, 2018.