Rule 7. The Indictment and the Information

The Indictment and the Information.

Use of indictment or information

A felony that may be punished by death or life imprisonment shall be prosecuted by

indictment. All other felonies shall be prosecuted by indictment, except that after a

defendant has been advised by the court of the nature of the charge against the defendant

and of the defendant's right to indictment, the defendant may waive that right in writing

and in open court.

Where an indictment is waived, the offense may be prosecuted by information, unless an

indictment is filed within fourteen days after the date of waiver. If an information or

indictment is not filed within fourteen days after the date of waiver, the defendant shall be

discharged and the complaint dismissed. This division shall not prevent subsequent

prosecution by information or indictment for the same offense.

A misdemeanor may be prosecuted by indictment or information in the court of common

pleas, or by complaint in the juvenile court, as defined in the Rules of Juvenile Procedure,

and in courts inferior to the court of common pleas. An information may be filed without

leave of court.

(B)

Nature and contents

The indictment shall be signed in accordance with Crim.R. 6(C) and (F) and contain a

statement that the defendant has committed a public offense specified in the indictment.

The information shall be signed by the prosecuting attorney or in the name of the

prosecuting attorney by an assistant prosecuting attorney and shall contain a statement that

the defendant has committed a public offense specified in the information. The statement

may be made in ordinary and concise language without technical averments or allegations

not essential to be proved. The statement may be in the words of the applicable section of

the statute, provided the words of that statute charge an offense, or in words sufficient to

give the defendant notice of all the elements of the offense with which the defendant is

charged

information. The statement

may be made in ordinary and concise language without technical averments or allegations

not essential to be proved. The statement may be in the words of the applicable section of

the statute, provided the words of that statute charge an offense, or in words sufficient to

give the defendant notice of all the elements of the offense with which the defendant is

charged. 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. Each count of the indictment or information shall state the numerical

designation of the statute that the defendant is alleged to have violated. Error in the

numerical designation or omission of the numerical designation shall not be ground for

dismissal of the indictment or information, or for reversal of a conviction, if the error or

omission did not prejudicially mislead the defendant.

(C)

Surplusage

The court on motion of the defendant or the prosecuting attorney may strike surplusage

from the indictment or information.

(D)

Amendment of indictment, information, or complaint

The court may at any time before, during, or after a trial amend the indictment, information,

complaint, or bill of particulars, in respect to any defect, imperfection, or omission in form

or substance, or of any variance with the evidence, provided no change is made in the name

or identity of the crime charged

dictment or information.

(D)

Amendment of indictment, information, or complaint

The court may at any time before, during, or after a trial amend the indictment, information,

complaint, or bill of particulars, in respect to any defect, imperfection, or omission in form

or substance, or of any variance with the evidence, provided no change is made in the name

or identity of the crime charged. If any amendment is made to the substance of the

indictment, information, or complaint, or to cure a variance between the indictment,

information, or complaint and the proof, the defendant is entitled to a discharge of the jury

on the defendant's motion, if a jury has been impaneled, and to a reasonable continuance,

unless it clearly appears from the whole proceedings that the defendant has not been misled

or prejudiced by the defect or variance in respect to which the amendment is made, or that

the defendant's rights will be fully protected by proceeding with the trial, or by a

postponement thereof to a later day with the same or another jury. Where a jury is

discharged under this division, jeopardy shall not attach to the offense charged in the

amended indictment, information, or complaint. No action of the court in refusing a

continuance or postponement under this division is reviewable except after motion to grant

a new trial therefor is refused by the trial court, and no appeal based upon such action of

the court shall be sustained nor reversal had unless, from consideration of the whole

proceedings, the reviewing court finds that a failure of justice resulted.

(E)

Bill of particulars

the court in refusing a

continuance or postponement under this division is reviewable except after motion to grant

a new trial therefor is refused by the trial court, and no appeal based upon such action of

the court shall be sustained nor reversal had unless, from consideration of the whole

proceedings, the reviewing court finds that a failure of justice resulted.

(E)

Bill of particulars

When the defendant makes a written request within twenty-one days after arraignment but

not later than seven days before trial, or upon court order, the prosecuting attorney shall

furnish the defendant with a bill of particulars setting up specifically the nature of the

offense charged and of the conduct of the defendant alleged to constitute the offense. A

bill of particulars may be amended at any time subject to such conditions as justice requires.