Rule 3 The Information.
Rule Text
(a) Generally. The information is a written statement of the essential facts constituting a charged felony offense and is signed by the Attorney General or an authorized representative of that office. A complaint is an information used to commence prosecution of a misdemeanor.
(b) Content. The information must be a plain, concise, and definite written statement of the essential facts constituting the offense. It need not contain a formal introduction or conclusion. A count may incorporate by reference an allegation made in another count. A count may allege that the means by which the defendant committed the offense are unknown or that the defendant committed it by one or more specified means. For each count, the information must give the official or customary citation of the statute, rule, regulation, or other provision of law that the defendant is alleged to have violated. Unless the defendant was misled and thereby prejudiced, neither an error in a citation nor a citation's omission is a ground to dismiss the information or to reverse a conviction.
(c) Surplusage. Upon the defendant's motion, the court may strike surplusage from the information.
(d) Amending an Information. Unless an additional or different offense is charged or a substantial right of the defendant is prejudiced, the court may permit an information to be amended at any time before the verdict or finding.
(e) Bill of Particulars. The court may direct the government to file a bill of particulars. The defendant may move for a bill of particulars before or within 14 days after arraignment or at a later time if the court permits. The government may amend a bill of particulars subject to such conditions as justice requires.
Effective December 1, 2017 (Promulgation Order 2017-010)