Complaint Defined

The complaint is a written statement of the essential facts constituting the offense charged. It shall be signed by the prosecuting attorney and filed with a judge of the Superior Court. IN any case required by § 1.15 to be prosecuted by Complaint, the Complaint shall be subject to the same rules of pleading as an indictment for information. NOTE: Section 15.10 is based on former § 806 and former Rule 3. The second sentence has been added to make clear that the complaint must be initiated by the prosecuting attorney. Theoretically, under former law, a complaint could have been filed by a private citizen. This was not the practice, however, and the law placed any subsequent prosecution in the hands of the prosecuting attorney. Section 15.10 merely places control of the prosecution of crimes in the hands of the government from the start. Of course, any private citizen with a legitimate complaint should receive satisfactory action from the prosecutor. See generally 8 More, Federal Practice § 3.05 (2d ed. 1974). In felony cases, the principal function of the complaint is to serve as an application for a warrant of arrest or a summons. See § 15.20. However, it also serves as a foundation for the preliminary examination. See generally Chapter 45 (commencing with § 45.10). It does not serve as an accusatory pleading; i.e., prosecution of a felony must be based on either an indictment or an information. See § 1.15. In cases where a felony is not charged the complaint serves as the accusatory pleading and is therefore subject to the same rules of pleading as an indictment or information. See Chapter 55 (commending with § 55.10).