Rhode Island Dismissal Under Criminal Rule 48(a) is a type of dismissal for criminal cases in the state of Rhode Island. In this type of dismissal, the prosecutor or judge may voluntarily dismiss a criminal case without prejudice. This means that the case can be brought back to court if need be. There are two types of Rhode Island Dismissal Under Criminal Rule 48(a): an administrative dismissal and a judicial dismissal. An administrative dismissal is when the prosecutor makes the decision to dismiss a criminal case without prejudice. A judicial dismissal is when a judge dismisses a criminal case without prejudice after a hearing. In either case, the criminal case is dismissed and the defendant is not found guilty.
Rhode Island Dismissal Under Criminal Rule 48(a)
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Dismissal Under Criminal Rule 48(a)
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The court may dismiss a case in response to a defendant's motion to dismiss or do so sua sponte (voluntarily). ing to the Federal Rules of Civil Procedure (FRCP) 41(a), a plaintiff may also voluntarily dismiss an action by choosing to drop the case or by reaching an out of court settlement with the defendant.
Rule 23 - Trial by Jury or by the Court. (a)Trial by Jury. Cases required to be tried by jury shall be so tried unless the defendant in open court waives a jury trial in writing with the approval of the court.
The government may, with leave of court, dismiss an indictment, information, or complaint. The government may not dismiss the prosecution during trial without the defendant's consent.
Each interrogatory shall be answered separately and fully in writing under oath. If the interrogatory is objected to, the reasons for the objection shall be stated. Each answer shall be preceded by the interrogatory to which it responds.
No person, who is not an attorney of the Supreme Court of the State of Rhode Island, shall be permitted to act as attorney for any party in any proceeding, hearing, or trial in the Superior Court, unless granted leave to do so by the Superior court or by the Supreme Court.
1. A stay may be granted by a Justice as permitted by law. 2. A party to a judgment sought to be reviewed may present to a Justice an application to stay the enforcement of that judgment.
(f) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed in contempt of the court in which the action is pending.
Rhode Island courts have traditionally held that ?a motion to dismiss a complaint for failure to state a claim upon which relief can be granted pursuant to Rule 12(b)(6) should be granted only when it is clear beyond a reasonable doubt that the plaintiff would not be entitled to relief under any set of facts that could