Rule 3:25-1 Upon Motion of the Prosecutor Before or During Trial
Rule 3:25 — Dismissal
Rule Text
(a) Pre-Indictment. A complaint may be administratively dismissed by the prosecutor without presentation to the grand jury, in which event said prosecutor shall report the dismissal and the basis therefor to the Assignment Judge and shall notify the defendant.
(b) Post-Indictment. Upon motion by the prosecuting attorney, an indictment, accusation or complaint, or any count thereof, may be dismissed prior to trial by order of the judge to whom the same has been assigned for trial. During trial an indictment or accusation, or any count thereof may be dismissed by the trial judge on motion by the prosecuting attorney with the consent of the defendant.
Amendment history: Source -- R.R. 3:11-3(a); amended July 17, 1975 to be effective September 8, 1975, amended July 29, 1977 to be effective September, 1977; caption amended, captions added and former text amended and redesignated paragraphs (a) and (b) July 13, 1994 to be effective January 1, 1995.