# W.R.Cr.P. 3: Rule 3. Indictment, Information or Citation

> Wyoming · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_WY_RULECRIMPROC_R3

## Section

- **Citation:** W.R.Cr.P. 3
- **Heading:** Rule 3. Indictment, Information or Citation
- **Jurisdiction:** Wyoming
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Wyoming Court Rules / Wyoming Rules of Criminal Procedure / W.R.Cr.P. 3

## Text

(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.

## Nearby sections

- [W.R.Cr.P. 1 Rule 1. Scope and Deﬁnitions](https://www.frixlaw.com/law-library/statutes/SRULES_WY_RULECRIMPROC_R1.md)
- [W.R.Cr.P. 2 Rule 2. Purpose and Construction](https://www.frixlaw.com/law-library/statutes/SRULES_WY_RULECRIMPROC_R2.md)
- [W.R.Cr.P. 3 Rule 3. Indictment, Information or Citation](https://www.frixlaw.com/law-library/statutes/SRULES_WY_RULECRIMPROC_R3.md)
- [W.R.Cr.P. 3.1 Rule 3.1. Use of Citations; Bail](https://www.frixlaw.com/law-library/statutes/SRULES_WY_RULECRIMPROC_R3_1.md)
- [W.R.Cr.P. 4 Rule 4. Warrant or Summons upon Information](https://www.frixlaw.com/law-library/statutes/SRULES_WY_RULECRIMPROC_R4.md)
- [W.R.Cr.P. 5 Rule 5. Initial Appearance](https://www.frixlaw.com/law-library/statutes/SRULES_WY_RULECRIMPROC_R5.md)
- [W.R.Cr.P. 5.1 Rule 5.1. Preliminary Examination](https://www.frixlaw.com/law-library/statutes/SRULES_WY_RULECRIMPROC_R5_1.md)
- [W.R.Cr.P. 6 Rule 6. Grand Juries](https://www.frixlaw.com/law-library/statutes/SRULES_WY_RULECRIMPROC_R6.md)
- [W.R.Cr.P. 7 Rule 7. [Deleted]](https://www.frixlaw.com/law-library/statutes/SRULES_WY_RULECRIMPROC_R7.md)
- [W.R.Cr.P. 8 Rule 8. Joinder of Offenses and Defendants](https://www.frixlaw.com/law-library/statutes/SRULES_WY_RULECRIMPROC_R8.md)
- [W.R.Cr.P. 9 Rule 9. Warrant or Summons upon Indictment](https://www.frixlaw.com/law-library/statutes/SRULES_WY_RULECRIMPROC_R9.md)
- [W.R.Cr.P. 10 Rule 10. Arraignment](https://www.frixlaw.com/law-library/statutes/SRULES_WY_RULECRIMPROC_R10.md)
- [W.R.Cr.P. 11 Rule 11. Pleas](https://www.frixlaw.com/law-library/statutes/SRULES_WY_RULECRIMPROC_R11.md)
- [W.R.Cr.P. 12 Rule 12. Pleadings and Motions Before Trial; Defenses and Objec- tions](https://www.frixlaw.com/law-library/statutes/SRULES_WY_RULECRIMPROC_R12.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_WY_RULECRIMPROC_R3. Check the current official text before relying on it. Not legal advice.