Rule 4.130.Caption Requirement for Refiled Charging Instruments
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 4.130
Plain-English Summary
The rule applies when a prosecuting attorney files a charging instrument that starts a criminal action based on charges the court previously dismissed without prejudice. It adds to whatever else statute or rule already demands of a charging instrument rather than replacing any of it.
The caption must include the phrase "Refiling after prior dismissal without prejudice." Anyone who picks up the new case sees at once that the charges have a history. The charging instrument must also be filed as a new case and may not be filed into the previously dismissed criminal case, which keeps the closed file closed and gives the refiled action its own number and its own record.
For defense counsel, the caption is a signal worth reading. For court staff, the separate filing keeps the register accurate about what was dismissed and what is now pending.
Frequently Asked Questions
What must the caption say when charges are refiled?
It must include the phrase "Refiling after prior dismissal without prejudice." The requirement applies to a charging instrument initiating a criminal action based on charges the court previously dismissed without prejudice.
Can the refiled charge go back into the old case number?
No. The charging instrument must be filed as a new case and may not be filed into the previously dismissed criminal case.
When does this rule apply?
When a prosecuting attorney files a charging instrument that initiates a criminal action based on charges the court previously dismissed without prejudice.
Does this rule replace the other requirements for a charging instrument?
No. It applies in addition to any other requirements imposed by statute or rule.
Who has to comply with the rule?
The prosecuting attorney filing the charging instrument. The caption language and the new-case requirement are both filing obligations.