, abbreviated or , is legal Latin meaning "to be unwilling to pursue". It is a type of prosecutorial discretion in common law, used for prosecutors' declarations that they are voluntarily ending a criminal case before trial or before a verdict is rendered; it is a kind of motion to dismiss and contrasts with an involuntary dismissal. Application in United States law Nolle prosequi as a declaration is most often used in criminal cases, but in jurisdictions making use of nolle prosequi in civil lawsuits, it is used by a plaintiff that voluntarily drops its claims. In civil cases, a retraxit or a motion for voluntary dismissal may be made by a plaintiff instead of a declaration of nolle prosequi, depending upon the custom and rules of a given jurisdiction. Decision-maker Nolle prosequi as a declaration can be made by a prosecutor in a criminal case either before or during trial, resulting in the prosecutor declining to further pursue the case against the defendant. Courts seldom challenge applications for nolle prosequi. In the United States, judges will usually sign a dismissal order prepared by the prosecution or make a docket entry indicating the disposition of the case to be nolle prosse after a declaration or motion by the prosecution. In criminal cases in the United States it has been held improper for a court to enter an order of nolle prosequi on its own, without a motion by the prosecutor, but as to sentencing discrepancies involved in a sentence recommendation, a trial judge is authorized to reject an underlying guilty plea based upon concerns of fairness and justice or because it is presented after the plea cutoff date. The notes to Rule 48 of the US Federal Rules of Criminal Procedure (FRCRP) draw attention to the effect of the rule as contrasting with common law. Rule 48 now mandates that prosecutors seek leave of the court before they dismiss a case via filing a nolle prosequi. Reason The declaration may be made because the charges cannot be proved because vital witnesses have become unavailable or uncooperative, the evidence is too weak to carry the burden of proof, the evidence is fatally flawed in light of the claims that are brought, the prosecutor becomes doubtful that the defendant is guilty, the defendant's innocence is proved, or the defendant has died. It has also been used when a federal criminal charge is