Minn. R. Crim. P. 30.02

As amended through October 28, 2024
Rule 30.02 - By Court

The court may dismiss the complaint, indictment, or tab charge if the prosecutor has unnecessarily delayed bringing the defendant to trial.

Minn. R. Crim. P. 30.02

Comment-Rule 30

Stated reasons for dismissal under Rule 30.01 may include satisfactory completion of a pretrial diversion program.

According to State v. Aubol, 309 Minn. 323, 244 N.W.2d 636 (1976), leave to dismiss an indictment must be granted if the prosecutor has provided a factual basis for the insufficiency of the evidence to support a conviction, and the court is satisfied that the prosecutor has not abused prosecutorial discretion.

Prosecutors and judges should be aware of their obligations under Minn. Stat. § 611A.0315 of the Minnesota Crime Victims Rights Act concerning notice to domestic abuse victims upon dismissal or refusal to prosecute the charge.