Rule 7. Indictment and Information

(a) Use of Indictment and Information. An offense

which may be punished by imprisonment for a term exceeding

one year shall be prosecuted by indictment, unless indictment

is waived. Any other offense may be prosecuted by indictment

or information. Any information may be filed without leave of

court.

(b) Waiver of Indictment. An offense which may be

punished by imprisonment for a term exceeding one year may

be prosecuted by information if the defendant, after having

been advised of the nature of the charge and of the defendant’s

rights, waives in open court prosecution by indictment.

(c) Nature and Contents—Defects of Form Do Not

Invalidate.

(1) The indictment or 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

prosecuting

attorney.

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.

(2) An indictment or information must include:

(A) the defendant and offense information required by

Criminal Rule 3(c);

(B) search warrant information as required by Criminal

Rule 37(e)(2);

(C) the victim information certificate required by

Criminal Rule 44(f); and

(D) if the defendant is charged with an offense listed in

AS 18.66.990, whether the prosecution claims that the alleged

offense is a crime involving domestic violence as defined in

AS 18.66.990(3) and (5).

(3) The defendant’s social security number may not

appear on an indictment or information. This subsection

applies to an indictment or information filed on or after

October 15, 2006.

nd

(D) if the defendant is charged with an offense listed in

AS 18.66.990, whether the prosecution claims that the alleged

offense is a crime involving domestic violence as defined in

AS 18.66.990(3) and (5).

(3) The defendant’s social security number may not

appear on an indictment or information. This subsection

applies to an indictment or information filed on or after

October 15, 2006.

(4) Error in a citation or omission of a citation to the

statute, regulation, or ordinance that the defendant is alleged to

have violated shall not be ground for dismissal of the

indictment or information or for reversal of a conviction if the

error or omission did not mislead the defendant to the

defendant’s prejudice. No indictment is insufficient nor can the

trial, judgment or other proceedings thereon be affected, by

reason of a defect or imperfection in matter of form in the

indictment which does not tend to prejudice the substantial

rights of the defendant.

(5) When an indictment is found, the names of all

witnesses examined before the grand jury must be inserted at

the foot of the indictment, or endorsed thereon, before it is

presented to the court.

(d) Surplusage. The court, on motion of the defendant,

may strike surplusage from the indictment or information.

(e) Amendment of Indictment or Information. The

court may permit an indictment or information to be amended

at any time before verdict or finding if no additional or

different offense is charged and the substantial rights of the

defendant are not prejudiced.

sented to the court.

(d) Surplusage. The court, on motion of the defendant,

may strike surplusage from the indictment or information.

(e) Amendment of Indictment or Information. The

court may permit an indictment or information to be amended

at any time before verdict or finding if no additional or

different offense is charged and the 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 ten 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.

Note:

SCO 906 incorporated changes in Criminal Rule 8(a)

made by the legislature in ch. 66, §§ 8 and 9. SLA 1988. The

legislation added the language in subparagraph (a)(1), “and it

can be determined before trial that it is likely that evidence of

one charged offense would be admissible to prove another

charged offense.”

Note:

SCO 906 is amended by adding a new paragraph 3

which provides: “3. This order is made for the sole reason that

the legislature has mandated the above amendments. If the act

mandating these amendments is invalidated by a court of

competent jurisdiction, this order shall be considered

automatically rescinded.” This amendment is effective

retroactively to May 28, 1988.

Note:

Paragraph (b) was amended by ch. 79, § 2, SLA

1991.

Cross References

(a) CROSS REFERENCE: AS 12.80.020

(b) CROSS REFERENCE: AS 12.80.020

(c) CROSS REFERENCE: AS 12.40.100