(a) In general. –
Prosecution of all offenses shall be by indictment, information or by citation when a citation is authorized by law and shall be carried on in the name and by the authority of the State of Wyoming, and all indictments, informations and citations shall conclude “against the peace and dignity of the State of Wyoming”.
(b) Nature and contents. –
(1) Indictment. Prosecution by indictment shall be carried on in the name and by the authority of the State of Wyoming, and shall conclude “against the peace and dignity of the State of Wyoming”. The indictment shall be a plain, concise and definite written statement of the essential facts constituting the offense charged and it shall be signed by the attorney for the state. Allegations made in one count may be incorporated by reference in another count. It may be alleged in a single count that the means by which the defendant committed the offense are unknown, or that the defendant committed it by one or more specified means. The indictment shall state for each count the official or customary citation of the statute, rule, regulation or other provision of law which the defendant is alleged therein to have violated.
(2) Information. – The information shall be a plain, concise and definite written statement of the essential facts constituting the offense charged. It shall be signed by the attorney for the state. It need not contain a formal commencement, a formal conclusion or any other matter not necessary to such statement. Allegations made in one count may be incorporated by reference in another count. It may be alleged in a single count that the means by which the defendant committed the offense are unknown or that the defendant committed it by one or more specified means. The information shall state:
(A) The name of the court where it was filed;
(B) The names of the state and the defendant if the defendant is known, and, if not, then any names or description by which the defendant can be identified with reasonable certainty; and
(C) For each count the official or customary citation of the statute, rule, regulation or other provision of law which the defendant is alleged therein to have violated.
(3) Citation. – Except as provided in W.S. 14-6-203(d) and (f), a citation may be issued as a charging document for any misdemeanor for which the issuing officer has probable cause to believe was committed by the person to whom the citation was issued. By accepting the citation, the person issued the citation signifies his promise to appear in court on the date and time stated on the citation. A citation may be issued by any peace officer authorized to do so by statute or ordinance. A paper citation shall be signed by the issuing officer but need not be under oath. When a citation is issued by the officer, the electronic transfer of citation information is the electronic equivalent of a written signature of the officer, and thereby signifies the officer has delivered a copy of the citation to the defendant in accordance with W.S. 31-5-1205. The citation must state:
(A) The name of the court where it is to be filed;
(B) The names of the state or municipality and the defendant;
(C) For each citation there shall be only one charge, with a reference to the statute, ordinance, rule, regulation or other provision of law which the defendant is alleged to have violated;
(D) The date and time the defendant must appear in court; and
(E) Whether a court appearance may be avoided by paying a fine and costs or forfeiture of bail.
(c) Harmless error. –
Error in the citation of a statute or its omission, or any other defect or imperfection, shall not be grounds for dismissal of the indictment, information or citation or for reversal of a conviction if the error or omission did not mislead the defendant to the defendant’s prejudice. When harmless error in an electronic citation is identified, an email describing the error shall be sent to the citing officer. The citing officer shall email the correction to the Court and to the records division of the Department of Transportation.
(d) Surplusage. –
The court on motion of the defendant may strike surplusage from the indictment information or citation.
(e) Amendment of information or citation. –
Without leave of the court, the attorney for the state may amend an information or citation until five days before a preliminary examination in a case required to be tried in district court or until five days before trial for a case not required to be tried in district court. The court may permit an information or citation to be amended:
(1) With the defendant’s consent, at any time before sentencing.
(2) Whether or not the defendant consents:
(A) At any time before trial if substantial rights of the defendant are not prejudiced.
(B) At any time before verdict or finding if no additional or different offense is charged and if substantial rights of the defendant are not prejudiced.
(f) Bill of particulars. –
The court may direct the filing of a bill of particulars. A motion for bill of particulars may be made before arraignment, within 10 days after arraignment, or at such later time as the court may permit. The bill of particulars may be amended at any time subject to such conditions as justice requires.
Amended July 22, 1993, effective October 19, 1993; amended May 8, 2001, effective September 1, 2001; amended May 18, 2011, effective July 18, 2011; amended August 7, 2012, effective November 1, 2012; amended April 1, 2014, effective July 1, 2014; amended 04/07/2015, effective 06/01/2015.
