Rule 4.130 Caption Requirement for Refiled Charging Instruments

In addition to any other requirements imposed by statute or rule, when a prosecuting attorney files a charging instrument initiating a criminal action based on charges previously dismissed without prejudice by the court:

(1) The caption must include the phrase: “Refiling after prior dismissal without prejudice;” and

(2) The charging instrument must be filed as a new case and may not be filed into the previously dismissed criminal case.