Rule 4 Citation or Complaint Form and Notice to Appear
Rule Text
Form. In all cases, the citation or complaint shall contain violator information, the statute(s) violated, and a notice for the violator to appear in court on a date and time certain.
(1) For traffic offenses, citations shall be in electronic format known as the “E-citation” and be substantially in the same format as set out in the appendix of forms. The Supreme Court maintains authority over all forms under these rules, including citations, and may modify them at any time without notice.
(2) When E-citation is unavailable, the citation may be issued in paper form known as the “Citation and Notice to Appear” and be substantially in the same format as set out in the appendix of forms. The paper citation shall be electronically filed and served in compliance with the NMI Rules for Electronic Filing and Service.
(3) For other infractions governed under these rules, paper citations or complaints shall be electronically filed and served in compliance with the NMI Rules for Electronic Filing and Service.
Complaint or Information.
(1) The Commonwealth may initiate a traffic case in which the citation is in the form of a complaint in accordance with Rule 3 of NMI Rules of Criminal Procedure, or in the form of an information, in accordance with Rule 7 of NMI Rules of Criminal Procedure.
(2) A traffic offense may be included in an information if the traffic offense qualifies for joinder with other offenses under NMI Rule of Criminal Procedure 8(a).
(3) When a charge is orally amended in court before trial, the Commonwealth must file a written complaint or information in accordance with Rule 3 or Rule 7 of NMI Rules of Criminal Procedure respectively three days prior to the trial date, reflecting the current charges against the defendant. The defendant and the court may waive this requirement. Failure to comply with this rule shall render the oral amendment void and revert the proceedings to the charges before the oral amendment. __________________________________________________________