Rule 48 - Dismissal; speedy trial (a) By attorney for the state. - 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.
(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 supported by affidavit; 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. Amended May 8, 2001, effective September 1, 2001.