Mass. R. Crim. P. 16

As amended through February 29, 2024

Rule 16 - Dismissal by the Prosecution

(Applicable to District Court and Superior Court)

(a) Entry of a Nolle Prosequi. A prosecuting attorney may enter a nolle prosequi of pending charges at any time prior to the pronouncement of sentence or the imposition of probation or the entry of an order of continuance without a finding. A nolle prosequi shall be accompanied by a written statement, signed by the prosecuting attorney, setting forth the reasons for that disposition.

(b) Entry of a Nolle Prosequi During Trial. After jeopardy attaches, a nolle prosequi entered without the consent of the defendant shall have the effect of an acquittal of the charges contained in the nolle prosequi.

Mass. R. Crim. P. 16

Amended February 22, 2022, effective 4/1/2022.

Reporter's Notes--2022

This amendment to Rule 16(a) clarifies when the prosecuting attorney's authority to enter a nolle prosequi of a pending case ends, based on the meaning of "sentence" required by Commonwealth v. Beverly, 485 Mass. 1 (2020). The prosecuting attorney has wide and exclusive authority to enter a nolle prosequi, as a matter of both constitutional separation of powers and common law. Commonwealth v. Cheney, 440 Mass. 568, 574 (2003). This authority extends to any time before the pronouncement of sentence or the imposition of probation or a continuance without a finding. Commonwealth v. Boyd, 474 Mass. 99, 103 (2016).