Rule 4-I. Use of Summons When Reprosecuting Offense

If a prosecution is terminated by nolle prosequi or by court dismissal without

prejudice and if the attorney for the government elects to reinstitute the prosecution or

to bring a subsequent prosecution against the same party arising out of the same fact

situation as the charge which was terminated by nolle prosequi or dismissal, the

prosecuting authority must, except for good cause shown, serve the party by summons

and must notify in writing the party’s former counsel of the date and place formal

charges will be reinstituted.

This rule, retained from the former rule, has no federal counterpart. Minor stylistic

changes have been made to maintain consistency throughout the rules.