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Rule 4A. Prosecution by indictment.

A prosecution may becommenced by the filing of an indictment.?The indictment shall be filed in a format and according to the rules ofthe judicial council. ??

(a)? The filing shall include the defendant'sname, date of birth, and last known address.?Other identifying information may be provided in accordance with rulesof the Judicial Council concerning electronic filing, as long as the actualindictment document does not include non-public records.? If the name of the defendant is not known,the prosecution shall identify the defendant as John or Jane Doe, and includeany identifying information known.

(b)? An indictment shall charge the offense forwhich the defendant is being prosecuted by using the name given to the offenseby common law or by statute or by stating in concise terms the definition ofthe offense sufficient to give the defendant notice of the charge.

(c)? The court may permit an indictment to beamended after the trial has commenced but before verdict if no additional ordifferent offense is charged and the substantial rights of the defendant arenot prejudiced. After verdict, an indictment may be amended so as to state theoffense with such particularity as to bar a subsequent prosecution for the sameoffense upon the same set of facts.

(d)? When facts not set out in the indictment arerequired to inform a defendant of the nature and cause of the offense charged,so as to enable him to prepare his defense, the defendant may file a writtenmotion for a bill of particulars. The motion shall be filed no later than 14days after arraignment unless allowed by the court. The court may, on its ownmotion, direct the filing of a bill of particulars. A bill of particulars maybe amended or supplemented at any time subject to such conditions as justicemay require. The request for and contents of a bill of particulars shall belimited to a statement of factual information needed to set forth the essentialelements of the particular offense charged.

(e)? Upon the filing of an indictment, the courtshall proceed under Rule 6. ?

 

Effective May 1, 2017