Me. R. Crim. P. 48

As amended through November 25, 2024
Rule 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.

Me. R. Uni. Crim. P. 48

Last amended effective 11/2/2016.