Miss. R. Crim. P. 1.4

Unless otherwise defined in a particular Rule, whenever they appear in these

Rules, the terms below shall have the following meanings:

(a) “Bill of information” means a written statement charging the defendant(s)

named therein with the commission of an indictable offense, made on oath,

signed, and presented to the court by the district attorney, without action by the

grand jury.

(b) “Capias” means a writ commanding law enforcement officers to take into

custody a defendant for whom a grand jury has returned an indictment.

(c) “Charge” means a charging affidavit, indictment, or bill of information.

(d) “Charging affidavit” means a written statement made upon oath before a

judge, clerk of the court, or other officer authorized by law to administer oaths,

setting forth essential underlying facts and circumstances constituting an offense

and alleging that the defendant committed the offense.

(e) “Indictment” is a written statement charging the defendant(s) named therein

with the commission of an indictable offense, presented to the court by a grand

jury, endorsed “A True Bill,” and signed by the foreperson. It includes a true

bill from the grand jury or a bill of information in lieu thereof.

(f) “Offense” means conduct for which a fine, a sentence to a term of

imprisonment, or the death penalty may be imposed pursuant to any law of this

State or by any law or ordinance of a political subdivision of this State.

(g) “Pro se” means a party who represents himself or herself and is not

represented by an attorney.

(h) “Prosecuting Attorney” means any municipal or county attorney, district

attorney, attorney general, or other attorney(s) acting under their specific

direction and authority, or such other person appointed or charged by law with

the responsibility for prosecuting an offense.

(i) “Search warrant” means a written order based upon a finding of probable

cause, in the name of the State, county, or municipality, signed by a judge

authorized by law to issue search warrants, directed to any authorized law

enforcement officer, commanding the officer to search for and seize a person

and/or thing.

(j) “Sentencing Court” includes the court which imposes the sentence and any

court to which jurisdiction has been transferred.

(k) “Summons” means a written order notifying an individual that he or she has

been charged with an offense and directing the individual to appear in court to

answer the charge.