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Rule 4A. Prosecution byindictment.

 

A prosecution may becommenced by the filing of an indictment.  The indictment shall befiled in a format and according to the rules of the judicialcouncil.   

 

(a)  Thefiling shall include the defendant's name, date of birth, and last knownaddress.  Other identifying information may be provided in accordancewith rules of the Judicial Council concerning electronic filing, as long as theactual indictment document does not include non-public records.  Ifthe name of the defendant is not known, the prosecution shall identify thedefendant as John or Jane Doe, and include any identifying information known.

 

(b)  Anindictment shall charge the offense for which the defendant is being prosecutedby using the name given to the offense by common law or by statute or bystating in concise terms the definition of the offense sufficient to give thedefendant notice of the charge.

 

(c)  The courtmay permit an indictment to be amended after the trial has commenced but beforeverdict if no additional or different offense is charged and the substantialrights of the defendant are not prejudiced. After verdict, an indictment 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.

 

(d)  Whenfacts not set out in the indictment are required to inform a defendant of thenature and cause of the offense charged, so as to enable him to prepare hisdefense, the defendant may file a written motion for a bill of particulars. Themotion shall be filed no later than 14 days after arraignment unless allowed bythe court. The court may, on its own motion, direct the filing of a bill ofparticulars. A bill of particulars may be amended or supplemented at any timesubject to such conditions as justice may require. The request for and contentsof a bill of particulars shall be limited to a statement of factual informationneeded to set forth the essential elements of the particular offense charged.

 

(e)  Upon thefiling of an indictment, the court shall proceed under Rule 6.  

 

Effective May 1, 2017