Rule 23.09 Misdemeanors or Felonies - Indictment or Information - Unavailability of Original

When a criminal case involves a written charge against someone (called an indictment or information), the court normally works from the original document. But sometimes that original paper is not available. Maybe it got lost, damaged, or just cannot be located for some other reason.

This rule says that when the original is not available, the court can use a certified copy instead. Either the court clerk or the prosecuting attorney can certify the copy, meaning they confirm it is a true and accurate version of the original document. This certified copy can then stand in for the original in the case.

This rule applies whether the case involves a misdemeanor or a felony charge. It also covers any reason the original might be missing, not just situations where it was lost or destroyed. This gives courts flexibility so a case is not held up or dismissed just because the original paperwork cannot be found or used for some reason.