# Del. Com. Pl. Ct. Crim. R. 7: Rule 7. The information

> Delaware · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_DE_DECCPCRIM_R7

## Section

- **Citation:** Del. Com. Pl. Ct. Crim. R. 7
- **Heading:** Rule 7. The information
- **Jurisdiction:** Delaware
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Delaware Court Rules / Court of Common Pleas / Court of Common Pleas Criminal Rules / Del. Com. Pl. Ct. Crim. R. 7

## Text

(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.
r 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.

## Nearby sections

- [Del. Com. Pl. Ct. Crim. R. 1 Rule 1. Scope](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DECCPCRIM_R1.md)
- [Del. Com. Pl. Ct. Crim. R. 2 Rule 2. Purpose and construction](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DECCPCRIM_R2.md)
- [Del. Com. Pl. Ct. Crim. R. 3 Rule 3. Commencement](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DECCPCRIM_R3.md)
- [Del. Com. Pl. Ct. Crim. R. 4 Rule 4. Arrest warrant or summons; capias](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DECCPCRIM_R4.md)
- [Del. Com. Pl. Ct. Crim. R. 5 Rule 5. Appearance before the committing magistrate](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DECCPCRIM_R5.md)
- [Del. Com. Pl. Ct. Crim. R. 5.1 Rule 5.1. Preliminary hearing](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DECCPCRIM_R5_1.md)
- [Del. Com. Pl. Ct. Crim. R. 6 Rule 6. Omitted](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DECCPCRIM_R6.md)
- [Del. Com. Pl. Ct. Crim. R. 7 Rule 7. The information](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DECCPCRIM_R7.md)
- [Del. Com. Pl. Ct. Crim. R. 8 Rule 8. Joinder of offenses and of defendants](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DECCPCRIM_R8.md)
- [Del. Com. Pl. Ct. Crim. R. 9 Rule 9. Warrant or summons upon information](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DECCPCRIM_R9.md)
- [Del. Com. Pl. Ct. Crim. R. 10 Rule 10. Arraignment](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DECCPCRIM_R10.md)
- [Del. Com. Pl. Ct. Crim. R. 11 Rule 11. Pleas](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DECCPCRIM_R11.md)
- [Del. Com. Pl. Ct. Crim. R. 12 Rule 12. Pleadings and motions before trial; defenses and objections](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DECCPCRIM_R12.md)
- [Del. Com. Pl. Ct. Crim. R. 12.1 Rule 12.1. Omitted](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DECCPCRIM_R12_1.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_DE_DECCPCRIM_R7. Check the current official text before relying on it. Not legal advice.