Del. Fam. Ct. R. Crim. P. 7

As amended through November 14, 2024
Rule 7 - The Information and Petition
(a) Information and petition. Except where otherwise provided by the Constitution of this State, or by statute, an offense within the jurisdiction of the Family Court alleged to have been committed by an adult shall be prosecuted by an Attorney General's information and such an offense alleged to have been committed by a child shall be prosecuted by an Attorney General's petition.
(b) Review of complaint by Attorney General. Upon receipt of a complaint or copy thereof referred by the Court the Attorney General shall:
(1) enter a nolle prosequi of the complaint; or
(2) prepare and forward to the Clerk of Court for filing an original and 2 copies of an information or petition which is based upon the complaint and which conforms to the requirements of Rule 7(c).

In the instance where there has been no complaint filed and the Attorney General commences an action by filing an information or petition, a warrant or summons upon same may be issued pursuant to Rule 9.

(c) Nature and contents. The information or petition shall be a plain, concise and definite written statement of the essential facts constituting the offense charged. It shall be signed by the Attorney General. 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 person charged committed the offense are unknown or that the person charged committed it by one or more specified means. The information or petition shall state for each count the official or customary citation of the statute, rule, regulation or other provisions of law which the person charged is alleged therein to have violated. Error in the citation or its omission shall not be ground for dismissal of the information or petition or for reversal of a conviction if the error or omission did not mislead the person charged to that person's prejudice.
(d) Surplusage. The Court on motion of the person charged may strike surplusage from the information or petition.
(e) Amendment of information or petition. The Court may permit an information or petition to be amended at any time before adjudication if no additional or different offense is charged and if substantial rights of the person charged are not prejudiced.
(f) Bill of particulars. The Court may direct the filing of a bill of particulars. A motion for a bill of particulars may be made before arraignment or within 10 days after arraignment or at such later time as the Court may permit. A bill of particulars may be amended at any time subject to such conditions as justice requires.

Del. Fam. Ct. R. Crim. P. 7