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NOLLE PROSEQUI (sometimes shortened into not. pros.) , a technical See also: term of See also: English See also: law, the meaning of which varies as it is used with reference to See also: civil or criminal cases
.
In civil cases it applied only to actions in the See also: king's bench division, and there signified a formal undertaking by the
See also: plaintiff that he intended to proceed no further with the See also: action (se ulterius nolle prosequi)
.
The more See also: modern practice in such cases is to proceed by way of discontinuance
.
In proceedings either by See also: indictment or by information, a nolle prosequi or stay of proceedings may be entered by the attorney-general
.
The nolle prosequi is a See also: matter purely for his discretion, and will not be granted unless very See also: good ground be shown for his interference
.
The See also: object of it generally is to obtain a stay of proceedings against an accomplice in See also: order to procure his evidence
.
This object is, however, more usually effected by the See also: prosecution offering no evidence and the See also: judge directing an acquittal
.
In the See also: United States the term bears the same meaning as in See also: England, with one exception
.
The attorney-general has not the same discretion with which English law invests him
.
Although in some states the prosecuting officer may enter a nolle prosequi at his discretion, in others the leave of the See also: court must be obtained
.
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