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nolle prosequi with leave

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 386 U.S. 213 - Klopfer v. State of North Carolina · 1967Most cited · 3,171 citing opinions

A nolle prosequi entered with the consent—implied in the order—required to reinstate the prosecution at a future date, so that 'the solicitor (without further order) may have the case restored for trial.' Since the indictment is not discharged by a nolle prosequi with leave, the statute of limitations remains tolled.