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Rule 4. Prosecution byinformation.

 

(a) Commencing a prosecution. A prosecution may be commenced by filingan information.  The information shall be filed in a format requiredby rules of the Judicial Council.

 

(b) Contents of information. An information shall contain:

 

(b)(1) If known, thedefendant's name, date of birth, and last known address.

 

(b)(1)(A) If the name ofthe defendant is not known, the prosecution shallidentify the defendant as John or Jane Doe, and shall provide any known identifyinginformation.

 

(b)(1)(B) Otheridentifying information may be provided in accordancewith rules of the Judicial Council, provided the information does not includenon-public records.

 

(b)(2) Numbered countsusing the name given to the offense by statute or ordinance, or stating inconcise terms the definition of the offense sufficient to give the defendant

notice of the charge.

 

(b)(2)(A) Theprosecution may allege alternate theories of the same offense in a single countor in multiple counts.

 

(b)(3) Unless otherwisecontained in filings accompanying the Information, a booking number if thedefendant was arrested and detained on charges relatedto the information.  Any pretrial release conditions shall beincluded, such as:

 

(b)(3)(A) monetary bail or other pretrial release conditions set bythe magistrate when determining probable cause at arrest;

 

(b)(3)(B) whether the defendant was denied pretrial release;

 

(b)(3)(C) whether the defendant was released to a pretrial supervisionagency; and

 

(b)(3)(D) whether the defendant is in custody.

 

(c) Felonies and class A misdemeanors. If a felony or class A violation is alleged, and in all cases requesting awarrant, an information shall:

 

(c)(1) contain or be accompanied by a statement of facts sufficientto support probable cause for the charged offense or offenses. The informationneed not include facts such as time, place, means, intent, manner, value, andownership unless necessary to charge the offense. Supporting physical materialssuch as money, securities, written instruments, pictures, statutes, andjudgments may be identified using names or by describing thedocuments.  Neither presumptions of law nor matters of judicialnotice need be stated, and

 

(c)(2) be reviewed for sufficiency by a judge of the court in whichit is filed.  If the judge determines from the information, or fromany supporting statements or affidavits, that there is probable cause tobelieve the offenses have been committed and that the accused committed them,the judge shall proceed under rule 6.  If the judge determines thereis not probable cause, the judge shall return the information to the prosecutorand dismiss the case without prejudice if a sufficient information is not filed within 28 days.

 

(d) Amending the information. The court may permit an information to be amended at any time before trial has commenced so long asthe substantial rights of the defendant are not prejudiced. If an additional ordifferent offense is charged, the defendant has the right to a preliminaryhearing on that offense as provided under these rules and any continuance asnecessary to meet the amendment. The court may permit an information to be amended after the trial has commenced but before verdictif no additional or different offense is charged and the substantial rights ofthe defendant are not prejudiced. After verdict, an information may be amended so as to state the offense with such particularity as to bara subsequent prosecution for the same offense upon the same set of facts.

 

(e) Bill of particulars. When facts not set out in an information arerequired to inform a defendant of the nature and cause of the offense charged, so as to enable the defendant to prepare a defense, the defendant may file awritten motion for a bill of particulars. The motion shall befiled at arraignment or within 14 days thereafter, or at such later timeas the court may permit. The court may, on its own motion, direct the filing ofa bill of particulars. A bill of particulars may be amendedor supplemented at any time subject to such conditions as justice may require.The request for and contents of a bill of particulars shall be limited to astatement of factual information needed to set forththe essential elements of the particular offense charged.

 

Effective May 1, 2017