MC 263, Motion Order of Nolle Prosequi 2026

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  1. Click ‘Get Form’ to open the MC 263 in the editor.
  2. Begin by entering the court details, including the judicial district and circuit, as well as the case number at the top of the form.
  3. Fill in the defendant's name, address, and telephone number in the designated fields. Ensure accuracy for proper identification.
  4. In the 'MOTION' section, type or print your name as the prosecuting official and state your reasons for requesting a nolle prosequi clearly.
  5. Check appropriate boxes under 'ORDER' to indicate whether the motion is granted or denied. Specify any charges being dismissed if applicable.
  6. Complete the judge/magistrate section by entering their name and bar number before finalizing your document.

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Nolle prosequi (null prosse) is similar to a dismissal, however it allows a charge to be brought back or reinitiated at a later date.
Nolle prosequi (abbreviated nol. pros.) is a Latin phrase, which directly translates to not to wish to prosecute. Nolle prosequi is a legal notice or entry of record that the prosecutor or plaintiff has decided to abandon the prosecution or lawsuit.
While a nolle prosequi can relieve defendants from immediate prosecution, it does not equate to a permanent dismissal of charges. Instead, it leaves room for future prosecution if new evidence arises. In contrast, an outright dismissal typically results from procedural errors or a lack of evidence.
A nolle prosequi acts as an indefinite adjournment to the case, not an acquittal. While terminating the proceedings, it does not bar the defendant from being indicted again, but there is no known case of this happening in the century before 1957, or since.

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