Wyo. R. Crim. P. 3 (2026)

Rule 3. Indictment, Information or Citation. (a) In general. — Prosecution of all offenses shall be by indictment, infor- mation 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

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between the various counts. Allegations made in one count may be incorpo- rated 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. 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. 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

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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 surplus- age 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.