Main menu

Idaho Criminal Rule 48. Dismissal by the Court

 

(a)  Dismissal on Motion and Notice. The court, on notice to all parties, may dismiss a criminal action on its own motion or on motion of any party on either of the following grounds:

 

(1)  for unnecessary delay in presenting the charge to the grand jury or if an information is not filed within the time period prescribed by Rule 7(f), or for unnecessary delay in bringing the defendant to trial, or


(2)  for any other reason if the court concludes that dismissal will serve the ends of justice and the effective administration of the court's business.

 

(b)  Order of Dismissal. When a court dismisses a criminal action, the order of dismissal must state the court’s reasons for dismissal.


(c)  Effect of Dismissal. An order for dismissal is a bar to any other prosecution for the same offense if it is a misdemeanor, but it is not a bar if the offense is a felony.

 

(Adopted February 22, 2017, effective July 1, 2017.)

 

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.

 

Members of the
Idaho Supreme Court

Chief Justice Roger S. Burdick
Justice Warren E. Jones
Justice Joel D. Horton
Justice Robyn M. Brody
Justice G. Richard Bevan



Members of the
Idaho Court of Appeals

Chief Judge David W. Gratton
Judge Sergio A. Gutierrez
Judge John M. Melanson
Judge Molly J. Huskey

 

TERMS OF OFFICE


Promoting Openness In The Courts
Do you have suggestions about how we can better serve you?
CLICK HERE