Rule 7 The Indictment and the Information

(a) Use of Indictment or Information. Any offense may be prosecuted by indictment or information at the option of the prosecuting officer. An information may be filed without leave of court. Pending an indictment a person may be proceeded against by information and pretrial proceedings had thereon as in other cases.

(b) Nature and Contents. The indictment or the information shall be a plain, concise, and definite written statement of the essential facts constituting the offense charged. It shall be signed by the prosecuting officer on his oath of office. It shall commence with the words “By the authority of the state of Vermont” and conclude with the words “against the peace and dignity of the state”, but need not contain any other matter not necessary to such statement of essential facts. 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 he committed it by one or more specified means. The indictment or information shall state for each count the official or customary citation of the statute, rule, regulation, or other provision of law which the defendant is alleged therein to have violated, including where appropriate a citation of the statute, rule, regulation, or other provision of law which stipulates the penalty that may be imposed upon conviction. Error in the citation or its omission shall not be ground for dismissal of the indictment or information or for reversal of a conviction or any other post-conviction relief if the error or omission did not mislead the defendant to his prejudice.

(c) Surplusage. The court on motion of the defendant may strike surplusage from the indictment or information.

(d) Amendment of Information or Indictment Before Trial. Prior to commencement of trial, the prosecuting officer may amend the information or indictment, and may add additional counts. Upon motion of the defendant, the court, in its discretion, may strike the amended information, indictment, or added counts, if the trial or the cause would be unduly delayed, or substantial rights of the defendant would be prejudiced. If the court allows the amendment or added counts, the defendant must be arraigned on the amendment or added counts without unreasonable delay, and must be given a reasonable period of time to prepare for trial on the amended information, indictment or added counts.

(e) Amendment of Information or Indictment During Trial. If no additional or different offense is charged and if substantial rights of the defendant are not prejudiced, the court may permit an information or indictment to be amended at any time after trial has commenced and before verdict or finding for any purpose, including cure of the following defects of form: (1) any misspelling, grammatical, or typographical error; (2) misjoinder of offenses or defendants; (3) misstatement of the time or date of an offense if not an essential element of the offense; (4) inclusion of an unnecessary allegation; (5) failure to negate any excuse, exception, or proviso contained in the definition of the offense; (6) use of alternative or disjunctive allegations.