Rule 13.1. Definitions; timeliness

a. Indictment. An indictment is a written statement charging the commission of a public offense, presented to the court by a grand jury, endorsed a "true bill" and signed by the foreman.


b. Information. An information is a written statement charging the commission of a public offense, signed and presented to the court by the prosecutor.


c. Timeliness. An information shall be filed in Superior Court within 10 days after the determination of probable cause or the defendant's waiver of a preliminary hearing. Failure to file a timely information shall be grounds for dismissal of the prosecution on motion of the defendant under Rule 16.7(b). Such dismissal shall be without prejudice except that if the prosecution is refiled, the time limits under Rule 8.2 shall be computed from the initial appearance on the original complaint.

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