Motion for Nolle Prosequi Law and Legal Definition
A motion for nolle prosequi is a motion by a prosecutor or other plaintiff to drop legal charges, usually in exchange for a diversion program or out-of-court settlement. A prosecutor in a criminal case or a plaintiff in a civil lawsuit can file a motion for nolle prosequi either before or during trial. Such a motion is usually filed when the charges cannot be proved, the evidence has demonstrated either innocence or a fatal flaw in the prosecution's claim, or the prosecutor no longer thinks the accused is guilty. It is generally made after indictment, but is not a guarantee that the person won't be reindicted. In civil cases, a nolle prosequi may be entered as to one of several counts or to one of several defendants. In a criminal case, it has been held improper for a court to enter an order of nolle prosequi on it's own without a motion by the prosecutor.
Legal Definition list
- Motion for New Trial
- Motion for More Definite Statement
- Motion for Leave
- Motion for Judgment on the Pleadings
- Motion for Judgment of Acquittal
- Motion for Nolle Prosequi
- Motion for Permission to Withdraw Appearance
- Motion for Protective Order
- Motion for Relief from Stay and Abandonment (Bankruptcy)
- Motion for Relief From the Judgment
- Motion for Revision
Related Legal Terms
- 1040 Form
- A Fortiori
- A Fortiori Argument
- Absent Uniformed Services Voter
- Academy for International Conflict Management and Peacebuilding [USIP]
- Acceptance for Value
- Access to Classified Information (Military)
- Accessory Before The Fact
- Accompanying the Armed Forces outside the United States
- Accounting for Fruits
