Fed. R. Crim. P. 7

(a) When Used.

(1) Felony. An offense (other than criminal contempt) must

be prosecuted by an indictment if it is punishable:

(A) by death; or

(B) by imprisonment for more than one year.

(2) Misdemeanor. An offense punishable by imprisonment for

one year or less may be prosecuted in accordance with Rule

58(b)(1).

(b) Waiving Indictment. An offense punishable by imprisonment

for more than one year may be prosecuted by information if the

defendant—in open court and after being advised of the nature of

the charge and of the defendant’s rights—waives prosecution by

indictment.

(c) Nature and Contents.

(1) In General. The indictment or information must be a

plain, concise, and definite written statement of the essential

facts constituting the offense charged and must be signed by

an attorney for the government. It need not contain a formal

introduction or conclusion. A count may incorporate by reference an allegation made in another count. A count may allege that the means by which the defendant committed the offense are unknown or that the defendant committed it by one

or more specified means. For each count, the indictment or information must give the official or customary citation of the

statute, rule, regulation, or other provision of law that the defendant is alleged to have violated. For purposes of an indictment referred to in section 3282 of title 18, United States Code,

for which the identity of the defendant is unknown, it shall be

sufficient for the indictment to describe the defendant as an

individual whose name is unknown, but who has a particular

DNA profile, as that term is defined in section 3282.

(2) Citation Error. Unless the defendant was misled and

thereby prejudiced, neither an error in a citation nor a citation’s omission is a ground to dismiss the indictment or information or to reverse a conviction.

(d) Surplusage. Upon the defendant’s motion, the court may

strike surplusage from the indictment or information.

(e) Amending an Information. Unless an additional or different

offense is charged or a substantial right of the defendant is prejudiced, the court may permit an information to be amended at any

time before the verdict or finding.

(f) Bill of Particulars. The court may direct the government to

file a bill of particulars. The defendant may move for a bill of particulars before or within 14 days after arraignment or at a later

time if the court permits. The government may amend a bill of

particulars subject to such conditions as justice requires.

(As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 24, 1972, eff. Oct.

1, 1972; Apr. 30, 1979, eff. Aug. 1, 1979; Mar. 9, 1987, eff. Aug. 1, 1987;

Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 29, 2002, eff. Dec. 1, 2002; Pub.

15 Rule 9 FEDERAL RULES OF CRIMINAL PROCEDURE

L. 108–21, title VI, § 610(b), Apr. 30, 2003, 117 Stat. 692; Mar. 26, 2009,

eff. Dec. 1, 2009.)