As amended through June 7, 2024
Rule 7 - The Indictment, Information, and Complaint(a)Use of Indictment, Information, or Complaint. An offense which may be punished by a term of life imprisonment shall be prosecuted by indictment. An offense which may be punished by imprisonment for a term exceeding one (1) year or by a fine exceeding five hundred dollars ($500) may be prosecuted by indictment or by information signed by the Attorney General or one of the Attorney General's designated assistants. Any other offense may be prosecuted by complaint. A complaint or information may be filed without leave of court.(b)Waiver of Indictment or Information. With the consent of the Attorney General and leave of the court, any offense other than one punishable by a mandatory term of life imprisonment, may be prosecuted by complaint or information, if the defendant, after the defendant has been advised of the nature of the charge and of the defendant's rights, waives in writing and in open court or through the use of two-way simultaneous audio/video communications between a holding facility and the courthouse, prosecution by indictment, where applicable, and consents to proceed by complaint or information, as the case may be. Consent to proceed by complaint shall operate as a waiver of prosecution by information, where applicable.(c)Nature and Contents. The indictment, information, or complaint shall be a plain, concise, and definite written statement of the offense charged. An indictment, information, or complaint which provides the defendant and the court with adequate notice of the offense being charged shall be sufficient if the offense is charged either (1) by using the name given to the offense by the common law or by statute, or (2) by stating the definition of the offense in terms of either the common law or the statute defining the offense, or in terms of substantially the same meaning. It need not contain a formal commencement, a formal conclusion, or any other matter not necessary to such statement. Allegations made in one count may be incorporated by reference in another count. It may be alleged in a single count that the means by which the defendant committed the offense are unknown or that the defendant committed it by one or more specified means. The indictment or information shall state and the complaint may state for each count the official or customary citation of any statute, rule, regulation or other provision of law which the defendant is alleged therein to have violated. Error in the citation or its omission shall not be grounds for dismissal of the indictment, information, or complaint or for reversal of a conviction if the error or omission did not mislead the defendant to the defendant's prejudice. The indictment or information shall be signed by the Attorney General or one of the Attorney General's designated assistants.(d)Surplusage. The court on motion of the defendant may strike surplusage from the indictment, information, or complaint.(e)Amendment of Indictment, Information, or Complaint. At any time prior to verdict or finding, the court may with the consent of the defendant permit the indictment to be amended to correct an error in form or the description of the offense intended to be charged or to charge a lesser included offense. The court may permit an information or a complaint to be amended at any time before verdict or finding if no additional or different offense is charged and if substantial rights of the defendant are not prejudiced.(f)Bill of Particulars. Upon motion of a defendant the court shall direct the filing of a bill of particulars. A motion for a bill of particulars may be made within thirty (30) days after arraignment or at such later time as the court may permit. A bill of particulars may be amended at any time subject to such conditions as justice requires.