N.D. R. Crim. P. 48 (2026)

RULE 48. DISMISSAL

Effective Date: 3/1/2010

(a) By Prosecuting Attorney. The prosecuting attorney may not dismiss an indictment, information or complaint except on motion and with the court's approval. A motion to dismiss must be supported by a written statement concisely stating the reasons for the motion. The statement must be filed with the clerk and be open to public inspection. The prosecuting attorney may not dismiss a criminal case during trial without the defendant's consent.

(b) By the Court. The court may dismiss an indictment, information or complaint, or order the release of any arrested person if unnecessary delay occurs in:

(1) presenting a charge to a grand jury;

(2) filing an information or complaint against a defendant who has been arrested or for whose arrest a warrant has been issued;

(3)filing a uniform complaint and summons as permitted by law; or

(4) bringing a defendant to trial.