The Indictment and the Information

(a) When Used. (1) Felony. An offense (other than criminal contempt) must be prosecuted by an indictment if it is punishable: (A) by death; or (B) by imprisonment for more than one year. (2) Misdemeanor. An offense punishable by imprisonment for one year or less may be prosecuted in accordance with Rule 58(b)(1). (b) Waiving Indictment. An offense punishable by imprisonment for more than one year may be prosecuted by information if the defendant—in open court and after being advised of the nature of the charge and of the defendant’s rights—waives prosecution by indictment. (c) Nature and Contents. (1) In General. The indictment or information must be a plain, concise, and definite written statement of the essential facts constituting the offense charged and must be signed by an attorney for the government. It need not contain a formal introduction or conclusion. A count may incorporate by ref- erence an allegation made in another count. A count may al- lege that the means by which the defendant committed the of- fense are unknown or that the defendant committed it by one or more specified means. For each count, the indictment or in- formation must give the official or customary citation of the statute, rule, regulation, or other provision of law that the de- fendant is alleged to have violated. For purposes of an indict- ment referred to in section 3282 of title 18, United States Code, for which the identity of the defendant is unknown, it shall be sufficient for the indictment to describe the defendant as an individual whose name is unknown, but who has a particular DNA profile, as that term is defined in section 3282. (2) Citation Error. Unless the defendant was misled and thereby prejudiced, neither an error in a citation nor a cita- tion’s omission is a ground to dismiss the indictment or infor- mation or to reverse a conviction. (d) Surplusage. Upon the defendant’s motion, the court may strike surplusage from the indictment or information. (e) Amending an Information. Unless an additional or different offense is charged or a substantial right of the defendant is preju- diced, the court may permit an information to be amended at any time before the verdict or finding. (f) Bill of Particulars. The court may direct the government to file a bill of particulars. The defendant may move for a bill of par- ticulars before or within 14 days after arraignment or at a later time if the court permits. The government may amend a bill of particulars subject to such conditions as justice requires. (As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 24, 1972, eff. Oct. 1, 1972; Apr. 30, 1979, eff. Aug. 1, 1979; Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 29, 2002, eff. Dec. 1, 2002; Pub. 15 FEDERAL RULES OF CRIMINAL PROCEDURE Rule 9 L. 108–21, title VI, § 610(b), Apr. 30, 2003, 117 Stat. 692; Mar. 26, 2009, eff. Dec. 1, 2009.)