As amended through June 7, 2024
Rule 3 - The Complaint; Joinder of Offenses and Defendants(a)Nature and Contents. The complaint shall be a plain, concise, and definite written statement setting forth the offense charged. The complaint shall be in a form approved by the Family Court. A 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 complaint shall 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 complaint or for reversal of a conviction if the error or omission did not mislead the defendant to the defendant's prejudice.(b)How Made. The complaint is a written statement setting forth the offense charged and shall be certified by the prosecuting authority. A judicial officer of the Family Court or an officer empowered to issue warrants against persons charged with committing criminal offenses shall require the complainant to swear to the facts of the complaint under oath. If the defendant is not in custody or before the court, the judicial officer or other officer shall examine under oath the complainant and any witnesses, and shall require their statements be reduced to writing and be subscribed and sworn to by the persons making them.(c)Surplusage. The court on motion of the defendant may strike surplusage from the complaint.(d)Amendment of Complaint. The court may permit 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.(e)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 before arraignment or within ten (10) 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.(f)Joinder of Offenses. Two (2) or more offenses may be charged in the same complaint in a separate count for each offense if the offenses charged, whether felonies or misdemeanors or both, are of the same or similar character or are based on the same act or transaction or on two (2) or more acts or transactions connected together or constituting parts of a common scheme or plan.