Close
Clerk
Handbooks
Supreme Court Rules
Section/Rule:
23.01
Subject:
Rule 23 - Rules of Criminal Procedure - Misdemeanors or Felonies - Indictment or Information
Publication / Adopted Date:
June 13, 1979
Topic:
Misdemeanors or Felonies - Indictment or Information - Form of
Revised / Effective Date:
January 1, 2003
23.01. Misdemeanors or Felonies - Indictment or Information - Form of
(
a
) The indictment or information shall be in writing, signed by the prosecuting attorney, and filed in the court having jurisdiction of the offense. The indictment shall also be signed by the foreperson of the grand jury.
(
b
) The indictment or information shall:
(1) State the name of the defendant or, if not known, designate the defendant by any name or description by which the defendant can be identified with reasonable certainty;
(2) State plainly, concisely, and definitely the essential facts constituting the elements of the offense charged, including facts necessary for any enhanced punishment;
(3) State the date and place of the offense charged as definitely as can be done. If multiple counts charge the same offense on the same date or during the same time period, additional facts or details to distinguish the counts shall be stated;
(4) Cite the statute alleged to have been violated and the statutes that fix the penalty or punishment therefor; and
(5) State the name and degree, if any, of the offense charged.
All indictments or informations that are substantially consistent with the forms of indictments or informations that have been approved by this Court shall be deemed to comply with the requirements of this Rule
23.01(b)
.
(
c
) The name of the defendant, if known, shall appear in the caption of an indictment or information, and thereafter the word "defendant" wherever used in the indictment or information shall refer to the defendant named in the caption.
(
d
) Allegations made in one count of an indictment or information may be incorporated by reference in another count.
(
e
) The names of all material witnesses for the prosecution shall be listed except rebuttal witnesses and witnesses who will appear upon the trial for the production or identification of public records. Additional witnesses may be listed at any time after notice to the defendant upon order of the court.
(
f
) A copy of a document may be attached to, and incorporated in, an indictment or information by reference.
(Adopted Jan. 28, 2002, eff. Jan. 1, 2003.)
Committee Note - 1979
The source of paragraph (a) is prior Rule 24.16. There is a change in that the rule allows the prosecuting attorney to simply sign an information rather than requiring verification.
Compare: Fed.R.Crim.P. 7(c)(1).
Paragraph (b) is substantially the same as prior Rule
24.01(a)
.
Compare: Fed.R.Crim.P. 7(c)(1).
Paragraph (c) is new.
Paragraph (d) is the same as the last sentence of prior Rule
24.01(a)
.
Compare: Fed.R.Crim.P. 7(c)(1).
Paragraph (e) is the same as prior Rule
24.01(b)
.
Paragraph (f) is substantially the same as prior Rule 24.17.
Paragraph (g) is new.
