Complaint and Information Format

Complaint and Information Format

A Complaint is a sworn written statement charging a person with an offense subscribed by the offended party, any peace office, or other employee of the government or governmental institution in charge of the enforcement or execution of the law violated.

An Information is an accusation in writing charging a person with an offense subscribed by the prosecutor and filed with the court.

Essential Parts:

A. The Caption

It must state the court where the case is filed, the name of the parties as the Plaintiff and the offender as the Accused, the designation of the offense by the statute and the docket or file number given by the Court.

1. Name of the Court

The purpose of stating the name of the court is to identify the pleasing with the offense and the court. It enables one, at first glance to know the court having jurisdiction of the case.

2. Name of the Parties

A criminal action must always be instituted in the name of the People. Since the law is a final command issuing from the sovereignty of the state, a violation. Of the law is in effect a trespass upon the power of the people.

All persons who appear responsible for the offense should all be named as "Accused" it must state their given names, middle names and surnames or any appellations or nicknames by which they have been known or if their names cannot be covered, they must be described under fictitious name.

The address of the accused should likewise be stated to enable the court to state in the Warrant of Arrest where the accused may be arrested.

The fact the accused is Under Arrest or at Large should likewise be stated to guide the court of the action to be taken.

3. The designation of the offense by the statute. Reference should be made to the section of the subsection of the statute punishing it.

4. The file or docket number is given by the Clerk of Court where the case is filed.

B. The Body

The body of the Information must state the name of the accused, the designation of the offense by the statute, the acts of omissions complained of as instituting the offense, the name of the offended party, the approximate time of the commission of the offense and the place where the offense is committed.

1. Name of the Accused.

2. Designation of the Offense by the statute.

3. Acts

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