M.R.U. Crim. P. 3

(a) Nature and Contents. The complaint shall be a plain, concise, and

definite written statement of the essential facts constituting the crime charged.

The complaint is not required to negate any facts designated a “defense” or any

exception, exclusion, or authorization set forth in the statute defining the crime.

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 crime are

unknown or that the defendant committed it by one or more specified means.

The complaint shall state for each count the official or customary citation of the

statute, rule, regulation, or other provision of law, the class of crime that the

defendant is alleged therein to have violated and the municipality or other

location where the crime is alleged to have occurred. Error in the citation of

a statute or its omission shall not be grounds for the dismissal of the complaint

or for reversal of a conviction if the error or omission was not prejudicially

misleading.

All charges against a defendant arising from the same incident or course

of conduct should be alleged in one complaint, except that special

circumstances may require the use of separate instruments. A complaint may

include multiple counts charged against a defendant when authorized pursuant

to Rule 8(a). Nothing in this Rule shall prohibit the later commencement of

additional charges arising from the original incident or course of conduct. The

court may administratively consolidate such subsequent charges with the

original complaint into a single case docket. Two or more defendants may not

be charged in the same complaint.

If a prior conviction must be specially alleged pursuant to 17-A M.R.S.

§ 9-A(1) it may not be alleged in an ancillary complaint or separate count but

instead must be part of the allegations constituting the principal crime. A

prior conviction allegation made in one count may be incorporated by

reference in another count.

(b) How Made. The complaint shall be either (1) signed by the attorney

for the State and certified on information and belief or (2) made upon oath

before the court or other officer empowered to issue warrants against persons

charged with crimes against the State. If a charge is enhanced to a Class C

crime or above because of prior convictions, the complaint shall allege the prior

convictions to charge the enhanced crime.

“Oath” includes affirmations as provided by law.

(c) Surplusage. The court on motion of the defendant may strike

surplusage from the complaint.

(d) Amendment of Complaint. The attorney for the State may amend

a complaint as a matter of right at any time before completion of the defendant’s

initial appearance pursuant to Rule 5 of these Rules.

The court may permit a complaint to be amended at any time before

verdict or finding if no additional or different crime is charged and if substantial

rights of the defendant are not prejudiced.

Unless the statutory class for the principal crime would be elevated

thereby, amendment of a complaint for purposes of 17-A M.R.S. § 9-A(1) may

be made as of right by the attorney for the State at any time before the

imposition of sentence on the principal crime.

With respect to joint recommendations for disposition involving an

amendment to the complaint, the motion to amend the complaint must be in

writing, must be accompanied by the proposed amended complaint, and must

be filed with the clerk for docketing before it is presented to the court for

disposition.

(e) Arrest Tracking Number (ATN) and Charge Tracking Number

(CTN). Unless the crime charged is an excepted crime under Rule 57, each

count of the complaint should include the assigned Arrest Tracking Number

and Charge Tracking Number.

(f) State Identification Number. If a State Identification Number has

been assigned to a defendant by the State Bureau of Identification, and if that

State Identification Number is known to the attorney for the State, the

complaint shall contain that number.

(g) Statute Sequence Number. Unless the crime charged is an

excepted crime under Rule 57, each count of the complaint shall set forth the

Statute Sequence Number for the crime or crime variant charged.