Rule 128. Motions
(a) All pre-trial motions shall be made prior to the motion deadline
established by the court, unless otherwise extended by the court for good cause
shown. The court shall rule on all motions prior to judgment.
(b) No criminal case filed in the court, including traffic citations,
shall be dismissed upon motion by any party except upon a determination by the
Court that the dismissal is in good faith, in the public interest, and in the interest
(c) Nothing in this rule shall be construed to limit the right of a
prosecutor to "nolle pros" a criminal matter prior to the filing of a
criminal complaint or information.--Amended Oct. 14, 1994, eff. Nov. 16, 1994;
July 15, 1997.
Territorial Court Rule 128(b) was an impermissible substantive rule of
law and was therefore void for violation of separation of powers since, by
commanding and empowering court to determine whether dismissals of prosecutions
would be in the public interest and interest of justice, Rule 128(b) licensed
substitution of Territorial Court's judgment for that of prosecutor. In re
Richards, 42 V.I. 469, 213 F.3d 773 (3d Cir. 2000).
Amendment to Territorial Court rule was an attempt by judicial branch to
create and define duties, obligations, and rights of executive branch to
prosecute crime; it was thus a substantive, not procedural, rule and was
therefore ultra vires and void, and it was further invalid as violating constitutional
doctrine of separation of powers. In re Richards, D.C.V.I. 1999, 40 V.I. 161,
52 F. Supp. 2d 522.
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