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Rule 4. Prosecution by information.

 

(a)Commencing a prosecution. A prosecution may be commenced by filing an information.? Theinformation shall be filed in a format required by rules of the JudicialCouncil.

 

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

 

(b)(1) If known,the defendant's name, date of birth, and current address as provided by lawenforcement and corrections authorities.

 

(b)(1)(A) If thename of the defendant is not known, the prosecution must identify the defendantas John or Jane Doe, and must provide any known identifying information.

(b)(1)(B) Otheridentifying information may be provided in accordance with rules of theJudicial Council, provided the information does not include non-public records.

 

(b)(2) Numberedcounts using the name given to the offense by statute or ordinance, or statingin concise terms the definition of the offense sufficient to give the defendantnotice of the charge.

 

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

 

(b)(3) Unlessotherwise contained in filings accompanying the Information, a booking numberand a State Identification Number (SID) if the defendant was arrested anddetained on charges related to the information. Any pretrial release conditionsmust be included, 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. Ifa felony or class A violation is alleged, and in allcases requesting a warrant, an information must:

 

(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 the documents. Neitherpresumptions of law nor matters of judicial notice need be stated,

 

(d)Amending the information. The courtmay permit an information to be amended at any timebefore trial has commenced so long as the substantial rights of the defendantare not prejudiced. If an additional or different offense is charged, thedefendant has the right to a preliminary hearing on that offense as providedunder these rules and any continuance as necessary to meet the amendment. Thecourt may permit an information to be amended afterthe trial has commenced but before verdict if no additional or differentoffense is charged and the substantial rights of the defendant are notprejudiced. After verdict, an information may beamended so as to state the offense with such particularity as to bar asubsequent prosecution for the same offense upon the same set of facts.

 

(e)Bill of particulars. When facts notset out in an information are required to inform adefendant of the nature and cause of the offense charged, so as to enable thedefendant to prepare a defense, the defendant may file a written motion for abill of particulars. The motion must be filed at arraignment or within 14 daysthereafter, or at such later time as the court may permit. The court may, onits own motion, direct the filing of a bill of particulars. A bill ofparticulars may be amended or supplemented at any time subject to suchconditions as justice may require. The request for and contents of a bill ofparticulars must be limited to a statement of factual information needed to setforth the essential elements of the particular offense charged.

 

Effective October 1, 2020