Nolle prosequi

What nolle prosequi means

In short, nolle prosequi is a term you will meet in court papers, rules and legal research. The definition above gives its usual meaning in American civil practice. However, the exact meaning can depend on the rule, statute or court decision that uses it. So it helps to read the term in context.

Where nolle prosequi comes up

For example, the term appears in these procedures:

• Motion for Nolle Prosequi (Government Dismissal of Charges) (Fed. R. Crim. P. 48(a)): a request by the prosecution to drop criminal charges. Nolle prosequi is Latin for "to be unwilling to pursue." In federal court, Federal Rule of Criminal Procedure 48(a) lets the government dismiss an indictment, information or complaint with leave of court. Many states use the same term, or call it a nolle or a nol-pros.

Read the source: Dismiss.

How to research the term

Start with the primary source. For example, if nolle prosequi appears in a federal rule, read the rule itself and its official notes. After that, check your court’s local rules and any standing orders from the judge. In addition, search recent decisions from your own state or federal district. They show how courts read nolle prosequi in practice. Because state rules often differ, our state procedures guide links to each state’s official rules. Above all, make sure the version you read is still in force.

You can read the official rule text online for free.

Related legal terms

• Negligence: failure to use the care that a reasonably careful person would use in the same situation. A negligence claim generally requires a duty, a breach of that duty, causation and damages.
• Negotiable instrument: a signed written promise or order to pay a fixed amount of money that meets the requirements of UCC Article 3, such as a note or check.
• Ninth Amendment: the article of the Bill of Rights providing that "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." It confirms that people hold rights beyond those listed.
• No contest: a plea in which the defendant does not admit guilt but does not contest the charge.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.