DISMISSAL



 



§806-56  Nolle prosequi.  No nolle
prosequi shall be entered in a criminal case in a court of record except by
consent of the court upon written motion of the prosecuting attorney stating
the reasons therefor.  The court may deny the motion if it deems the reasons
insufficient and if, upon further investigation, it decides that the
prosecution should continue, it may, if in its opinion the interests of justice
require it, appoint a special prosecutor to conduct the case and allow the
special prosecutor a fee.  Section 802-5(b) relative to fees allowed counsel
assigned by the court for a defendant is made applicable to fees of special
prosecutors appointed hereunder. [L 1876, c 40, §5; am L 1903, c 39, §6; RL
1925, §4029; am L 1931, c 73, §1; RL 1935, §5525; RL 1945, §10830; RL 1955,
§258-40; HRS §711-56; ren L 1972, c 9, pt of §1; gen ch 1985; am L 1987, c 283,
§67]



 



Rules of Court



 



  See HRPP rule 48(a).



 



Case Notes



 



  A nolle prosequi of an appeal from a magistrate before trial
is no bar to a subsequent trial.  3 H. 339.



  For historical background:  6 H. 718.