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Nolle prossed


Nolle prosequi (/ˌnɒliˈprɒsəkw/;Classical Latin: [ˈnolːe ˈproːsekwiː]) is a legal term of art and a Latin legal phrase meaning "be unwilling to pursue", a phrase amounting to "do not prosecute". It is a phrase used in many common law criminal prosecution contexts to describe a prosecutor's decision to voluntarily discontinue criminal charges either before trial or before a verdict is rendered. It contrasts with an involuntary dismissal.

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 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.


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