R.I. Super. Ct. R. Crim. P. 9.1

As amended through April 4, 2024
Rule 9.1 - Informations: Motion to Dismiss.

A defendant who has been charged by information may, within thirty (30) days after the defendant has been served with a copy of the information, or at such later time as the court may permit, move to dismiss on the ground that the information and exhibits appended thereto do not demonstrate the existence of probable cause to believe that the offense charged has been committed or that the defendant committed it. The motion shall be scheduled to be heard within a reasonable time.

R.I. Super. Ct. R. Crim. P. 9.1

As amended by the court on 7/1/2002; last amended by Order dated June 22, 2017, effective 9/5/2017.

2002 Committee Notes

The time within which a defendant must file a motion to dismiss an information is enlarged to thirty (30) days after defendant has been served with a copy of the information, or at such later time as the court may permit. The ten (10) day period specified by Section 12-12-1.7 of the Rhode Island Code provides too little time for defense counsel to prepare the motion. A change in the statutory time provision is intended and it is anticipated that the legislature will amend the statute accordingly.

1975 Notes

Rule 9.1 sets forth the requirement, grounds and time for making a motion to dismiss an information for lack of probable cause. In essence, this simply duplicates the provisions of G.L. 1956 (1969 Reenactment) § 12-12-1.7. No change or alteration in the statutory provisions is intended.

See also 1975 Notes to Rule 7.