R.I. Super. Ct. R. Crim. P. 7

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 Superior 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 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.

R.I. Super. Ct. R. Crim. P. 7

As amended by the court on 3/13/1998; 7/1/2002; last amended by Order dated June 22, 2017, effective 9/5/2017.

2002 Committee Notes

Subdivision (b) has not changed, but the Committee notes that audio/video communications will need to include fax capability in order to allow for signing of waivers of indictment or information.

Subdivision (e) is amended to correct a grammatical error. No change in substance is intended.

In subdivision (f), the time within which a defendant must file a motion for a bill of particulars is enlarged from ten (10) days to thirty (30) days after arraignment to allow additional time for defense counsel to prepare the motion. Since the rule has always allowed the court to permit the motion for a bill of particulars to be filed at a later time, the change is not dramatic. The portion of the rule that allowed the motion to be filed before arraignment has been deleted as impractical and inconsistent with Rhode Island practice.

1975 Notes

The adoption by the General Assembly of the information charging system under chapter 12-12 of the General Laws makes it necessary to make conforming changes in the Superior Court Rules of Criminal Procedure. In most instances the revisions are essentially minor and merely add the term "information" to rules, titles and the table of rules which presently refer only to indictments and complaints. Those amendments are [to Rules 7, 8, 9, 13, 14, 15, 29, 34, 41, 46, and 48.] The other amendments which are of somewhat more significance, are [new Rules 6.1 and 9.1, amendments to Rules 10, 12, 41, and 54, and new Form 6A.]

1972 Notes

Rule 7 differs in a number of respects from its federal counterpart. A major difference is the use under the federal rules of the information as the charging document in cases for which indictments either are not required or are waived. Under traditional Rhode Island practice the complaint, rather than the information, has been used for this purpose; it has been retained under the rules and where appropriate performs the same function as the information. Also, the requirement under the Rhode Island rule of an indictment where the offense charged can be punished by more than a year imprisonment or by a fine exceeding $500 differs from the federal rule by omitting reference to punishment at hard labor. As drafted, and the rule satisfies Article I, § 7 of the Rhode Island Constitution which requires that prosecution of an "infamous crime" is to proceed by indictment or presentment of a grand jury. The term "infamous crime" as used in this context appears to include any offense which can be punished by more than a year imprisonment or by loss of civil rights. State v. Rezendes, 105 R.I. 483, 253 A.2d 233, 236 (1969); State v. Nichols, 27 R.I. 69, 82-84, 60 A. 763, 768-69(1905). Under the General Laws only persons who are sentenced to imprisonment for more than one year suffer civil disabilities. G.L. 1956 (1969 Reenactment), § 13-6-2. In addition, felonies are defined by statute to include any offense punishable by more than one year imprisonment or by a fine of more than $500. G.L. 1956 (1969 Reenactment), § 11-1-2. The requirement under the rule that offenses which are punishable as felonies be proceeded against by indictment satisfies the constitutional requisite and requires uniform treatment of all crimes within the original jurisdiction of the Superior Court.

Subdivision (b) is basically the same as existing Rhode Island law (G.L.1956 (1969 Reenactment), § 12-12-19 ); it differs from its federal counterpart by precluding waiver in cases where either a mandatory term of life imprisonment or death can be imposed and by permitting waiver in all other cases only with leave of the Superior Court. Also, it specifically requires that waiver of indictment be in writing.

Subdivision (c) differs from the federal rule by not requiring the indictment or complaint to contain "the essential facts constituting the offense" and by further authorizing indictments and complaints to charge offenses either by using the common law name for the offense or by stating the common law or statutory definition of the offense. This modification conforms to existing Rhode Island practice which permits somewhat shorter and more simplified indictments and complaints (G.L.1958 (1969 Reenactment), § 12-12-6 ), while preserving a defendant's right "to be informed of the nature and cause of the accusation." R.I. Const. Art. I, § 10. See State v. Domanski, 57 R.I. 500, 190 A. 854 (1937).

With minor modification the balance of subdivision (c) is essentially the same as the federal rule; it comports generally with existing Rhode Island practice except for the provision which expressly authorizes incorporation by reference, a procedure not presently used in Rhode Island.

Subdivisions (d) and (e) are essentially the same as their federal counterpart and accord generally with existing Rhode Island practice. See G.L. 1956 (1969 Reenactment), § 12-12-4. See Picillo v. Sharkey, 107 R.I. 147, 265 A.2d 644, 646 (1970).

Subdivision (f) departs from the federal rule by making it mandatory that a defendant be provided with a bill of particulars upon demand and without the need to show cause. This comports with G.L.1956 (1969 Reenactment), § 12-12-9 (Supp.1970).