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Rule 9 Waiver of Indictment

Charging Documents in Superior Court

An offense that is punishable by a term of imprisonment exceeding one year may be prosecuted by an information with a waiver of indictment. Waiver of indictment is not permitted for offenses punishable by death. If the charge proceeds by a waiver of indictment, the defendant shall be informed of the nature of the charge and the right to have the charge presented to a grand jury. The waiver must be in open court and on the record.