Rule 3. Indictment, Information or Citation

(a) In general. — Prosecution of all offenses shall be by indictment, information or by citation when a citation is authorized by law and shall be carried

on in the name and by the authority of the State of Wyoming, and all

indictments, informations and citations shall conclude ‘against the peace and

dignity of the State of Wyoming’.

(b) Nature and contents. —

(1) Indictment. — Prosecution by indictment shall be carried on in the

name and by the authority of the State of Wyoming, and shall conclude

“against the peace and dignity of the State of Wyoming”. It shall be signed by

the attorney for the state. The indictment shall be a plain, concise and

definite written statement of the essential facts constituting the offense

charged. When multiple counts are involved, the facts must be stated with

sufficient particularity so as to allow the defendant and court to distinguish

between the various counts. 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. The

indictment 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) Information. — The information shall be a plain, concise and definite

written statement of the essential facts constituting the offense charged.

When multiple counts are involved, the facts must be stated with sufficient

particularity so as to allow the defendant and court to distinguish between

the various counts. It shall be signed by the attorney for the state. 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

nts are involved, the facts must be stated with sufficient

particularity so as to allow the defendant and court to distinguish between

the various counts. It shall be signed by the attorney for the state. 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.

The information shall state:

(A) The name of the court where it was filed;

(B) The names of the state and the defendant if the defendant is known,

and, if not, then any names or description by which the defendant can be

identified with reasonable certainty; and

(C) 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.

(3) Citation. — Except as provided in W.S. 14-6-203(d) and (f), a citation

may be issued as a charging document for any misdemeanor for which the

issuing officer has probable cause to believe was committed by the person to

whom the citation was issued. By accepting the citation, the person issued

the citation signifies his promise to appear in court on the date and time

stated on the citation. A citation may be issued by any peace officer

authorized to do so by statute or ordinance. A paper citation shall be signed

by the issuing officer but need not be under oath. When a citation is issued

by the officer, the electronic transfer of citation information is the electronic

equivalent of a written signature of the officer, and thereby signifies the

officer has delivered a copy of the citation to the defendant in accordance

with W.S. 31-5-1205

zed to do so by statute or ordinance. A paper citation shall be signed

by the issuing officer but need not be under oath. When a citation is issued

by the officer, the electronic transfer of citation information is the electronic

equivalent of a written signature of the officer, and thereby signifies the

officer has delivered a copy of the citation to the defendant in accordance

with W.S. 31-5-1205. The citation must state:

(A) The name of the court where it is to be filed;

(B) The names of the state or municipality and the defendant;

(C) For each citation there shall be only one charge, with a reference to

the statute, ordinance, rule, regulation or other provision of law which the

defendant is alleged to have violated;

(D) The date and time the defendant must appear in court; and

(E) Whether a court appearance may be avoided by paying a fine and

costs or forfeiture of bail.

(c) Harmless error. — Error in the citation of a statute or its omission, or any

other defect or imperfection, shall not be grounds for dismissal of the

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

omission did not mislead the defendant to the defendant’s prejudice.

(d) Amendment of citation. — Amendments to citations must be made by an

attorney for the state. Any amendments to a citation may be made on the face

of the original citation, signed and dated by an attorney for the state, if not

done in open court on the record. The attorney for the state shall send by mail,

email, or otherwise serve any amendment on the defendant and the agency

that issued the original citation. Amendments to citations may be made

without leave of the court up until five days before trial. Amendments to

citations may also be made with leave of court pursuant to the requirements of

subsection (e)(1) or (2) of this rule.

ourt on the record. The attorney for the state shall send by mail,

email, or otherwise serve any amendment on the defendant and the agency

that issued the original citation. Amendments to citations may be made

without leave of the court up until five days before trial. Amendments to

citations may also be made with leave of court pursuant to the requirements of

subsection (e)(1) or (2) of this rule.

(e) Amendment of information. — Without leave of the court, the attorney

for the state may amend an information until five days before a preliminary

examination in a case required to be tried in district court or until five days

before trial for a case not required to be tried in district court. The court may

permit an information to be amended:

(1) With the defendant’s consent, at any time before sentencing.

(2) Whether or not the defendant consents:

(A) At any time before trial if substantial rights of the defendant are not

prejudiced.

(B) 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) Surplusage. — The court on motion of the defendant may strike surplusage from the indictment, information or citation.

(g) Bill of particulars. — The court may direct the filing of a bill of

particulars. A motion for bill of particulars may be made before arraignment,

within 10 days after arraignment, or at such later time as the court may

permit. The bill of particulars may be amended at any time subject to such

conditions as justice requires.