Nolle prosequi

Nolle prosequi as a declaration is most often used in criminal cases, but in jurisdictions making use of nolle prosequi in civil lawsuits, it is used by a plaintiff that voluntarily drops its claims. In civil cases, a retraxit or a motion for voluntary dismissal may be made by a plaintiff instead of a declaration of nolle prosequi, depending upon the custom and rules of a given jurisdiction. Nolle prosequi as a declaration can be made by a prosecutor in a criminal case either before or during trial, resulting in the prosecutor declining to further pursue the case against the defendant. Courts seldom challenge applications for nolle prosequi. In the United States, judges will usually sign a dismissal order prepared by the prosecution or make a docket entry indicating the disposition of the case to be nolle prosse after a declaration or motion by the prosecution. In criminal cases in the United States it has been held improper for a court to enter an order of nolle prosequi on its own, without a motion by the prosecutor, but as to sentencing discrepancies involved in a sentence recommendation, a trial judge is authorized to reject an underlying guilty plea based upon concerns of fairness and justice or because it is presented after the plea cutoff date. The notes to Rule 48 of the US Federal Rules of Criminal Procedure (FRCRP) draw attention to the effect of the rule as contrasting with common law. Rule 48 now mandates that prosecutors seek leave of the court before they dismiss a case via filing a nolle prosequi. The declaration may be made because the charges cannot be proved because vital witnesses have become unavailable or uncooperative, the evidence is too weak to carry the burden of proof, the evidence is fatally flawed in light of the claims that are brought, the prosecutor becomes doubtful that the accused is guilty, the defendant's innocence is proved, or the defendant has died. It has also been used when a federal criminal charge is brought up against a defendant when the prosecutor on a state charge for the same offense no longer wishes to pursue the case. Usually, that happens when the state prosecutor is content with the sentence on the federal charge and has no need to go any further with the original case. In criminal cases, nolle prosequi declarations are made generally after an indictment as long as adjudication on the merits has not occurred or, in some jurisdictions, as long as a trial has not commenced. In civil cases, nolle prosequi declarations are made either before the trial begins or before a judgment on the merits is rendered, depending on the rules of the jurisdiction. The entry of a nolle prosequi is not an acquittal. Since the principle of double jeopardy therefore does not apply, the defendant may later be indicted on the same charge again. In civil cases, a nolle prosequi or voluntary dismissal may be entered as to one of several counts or claims, or as to one of several defendants, or both. In any jurisdiction, whether a motion for voluntary dismissal or a declaration of nolle prosequi is used, federal and state rules of civil procedure generally govern when, how, and why claims may be voluntarily dismissed and apply different rules to different types of claims and to whether a court may give leave to dismiss a matter with or without prejudice. Nolle prosequi is similar to a declination of prosecution, which is an agreement not to prosecute made before any charges are brought or suit has been filed. A declination of prosecution may be made by an attorney or may be made as an agreement between the aggrieved party and the claimant.