In re Rules of Criminal Procedure
In re Rules of Criminal Procedure
Opinion of the Court
On April 15th, we announced the adoption of new Rule 8.6
RULE 8.6. Time for Filing Formal Charge. If the defendant is continued in custody subsequent to the first appearance, the prosecuting attorney shall file an indictment or information in a court of competent jurisdiction within sixty days of the defendant’s arrest. Failure to file an indictment or information within sixty days shall not be grounds for dismissal of the case against the defendant, but shall, upon motion of the defendant, result in the defendant’s release from custody unless the prosecuting attorney establishes good cause for the delay. If good cause is shown, the court shall reconsider bail for the defendant.
Reference
- Full Case Name
- IN RE: RULES of CRIMINAL PROCEDURE, NEW RULE 8.6
- Status
- Published