Rule 7 – The Information

May 15, 2021 | Common Pleas, Criminal Procedure, Delaware

(a)Information. Except where otherwise provided by the Constitution of this State, or by statute, an offense within the jurisdiction of the Court of Common Pleas shall be prosecuted by information.
(b)Appeals de novo. The prosecution shall proceed in appeals de novo on a new information filed in the Court of Common Pleas charging substantially the same offense as the defendant was convicted in the Court below.
(c)Nature and contents.

(1) In general. 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 General. 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 allege 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 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) Harmless error. Error in the citation or its omission shall not be ground for dismissal of the information or for reversal of a conviction if the error or omission did not mislead the defendant to defendant’s prejudice.
(d)Surplusage. The Court on motion of the defendant may strike surplusage from the information.
(e)Amendment of information. The Court may permit an information to be amended 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 a bill of particulars may be made before arraignment or within 10 days after arraignment or at such later time as the Court may permit. A bill of particulars may be amended at any time subject to such conditions as justice requires.

Del. Crim. R. C.P. 7