Indictment vs Complaint vs Motion Explained for Reporters

Court papers use words that sound alike and do different jobs. A criminal complaint is a written statement of the essential facts of the offense charged ^[1]. A civil action also begins with a complaint ^[2]. Prosecutors and defense lawyers both file motions ^[3]. This guide covers federal courts. For a state court case, check your state's law.

What is the difference between an indictment, a complaint, and a motion?

Start with the short version.

• A criminal complaint is a written statement of the essential facts of the offense charged ^[1].
• An indictment is the written formal charge of a crime by a grand jury ^[4].
• A motion is a request. In federal civil cases, a request for a court order must be made by motion ^[5].

Two more points help you sort the papers. Only the government starts a federal criminal case, usually through the U.S. attorney's office working with a law enforcement agency ^[6]. A civil action begins when a party to a dispute files a complaint and pays a filing fee ^[2].

So "complaint" means two different things. Check whether the case is criminal or civil before you read further ^{[6] [2]}.

Here is a short video on the stages of a federal criminal case, from a criminal defense attorney's channel.

Video from Page Pate (criminal defense attorney's YouTube channel). Open at youtube.com. Content from youtube.com loads only if you click.

What is a criminal complaint, and when is it used?

A criminal complaint is a written statement of the essential facts of the offense charged ^[1]. It must be made under oath before a magistrate judge or, if none is reasonably available, before a state or local judicial officer ^[1].

A federal defendant can be arrested without an indictment ^[3]. When an arrest is made during the alleged commission of a crime, the lead investigator submits a written criminal complaint ^[3].

That sets up a second step. When there is no indictment, federal procedure adds an early preliminary examination hearing ^[3]. At that hearing, the prosecution must convince a judge there is probable cause to proceed ^[3].

If you see a complaint but no indictment, look for that hearing ^[3].

What is an indictment, and what does a grand jury do?

The federal courts define an indictment as the written formal charge of a crime by the grand jury ^[4]. It is returned when 12 or more grand jurors vote in favor of it ^[4].

A grand jury does not decide guilt or innocence ^[4]. It decides only whether there is probable cause to believe a crime was committed and that a specific person or persons committed it ^[4].

If the evidence does not persuade the grand jury, it votes a "no bill," also called "not a true bill" ^[4].

Pay attention to what the grand jury hears. It normally hears only the evidence a government attorney presents, which tends to show a crime was committed ^[4]. So an indictment normally reflects evidence a government attorney put before the grand jury ^[4].

On the page, an indictment lists the offenses the defendants allegedly committed and describes the facts supporting those allegations ^[3]. It must be a plain, concise and definite written statement of the essential facts, signed by an attorney for the government ^[7].

A federal courts grand jury handbook defines indictment, information, and no bill ^[4].

Document · Administrative Office of the U.S. Courts (uscourts.gov)

Handbook for Federal Grand Jurors

Open at uscourts.gov

Document from Administrative Office of the U.S. Courts (uscourts.gov). Open at uscourts.gov. Content from uscourts.gov loads only if you click.

Indictments often move quietly. Grand jury indictments are returned in a closed court hearing, usually to a magistrate judge ^[3]. They often stay sealed until after an arrest is made ^[3]. You may not hear about an indictment until after an arrest, because indictments are often sealed until then ^[3].

What is an information, and how is it different?

An information is the written formal charge of crime by the government attorney, filed against the person being investigated who, if charged with a serious crime, must have knowingly waived the grand jury requirement ^[4]. The government attorney files it, rather than a grand jury ^[4].

For a serious crime, the person charged must have knowingly waived the requirement that the evidence first go to a grand jury ^[4]. Federal rules say an offense punishable by more than one year in prison may be prosecuted by information if the defendant waives indictment ^[7]. The defendant must do that in open court, after being advised of the charge and his or her rights ^[7].

Like an indictment, an information must be a plain, concise and definite written statement of the essential facts, signed by an attorney for the government ^[7].

So if you see an information in a serious case, check what the record says about a waiver. In a serious case, the defendant must have knowingly waived indictment ^{[4] [7]}.

What is a motion, and what do pretrial motions do?

A motion is a request to the court. Under the federal civil rules, a request for a court order must be made by motion ^[5].

In criminal cases, attorneys may file motions that ask for rulings before trial ^[6]. One example is a request to suppress evidence that could violate a defendant's constitutional rights ^[6]. Prosecutors and defense lawyers often file pretrial motions asking the judge to decide specific issues before trial begins ^[3].

Federal criminal rules say a party may raise by pretrial motion any defense, objection or request the court can decide without a trial on the merits ^[8]. The court may set a deadline for these motions, and if it does not, the deadline is the start of trial ^[8].

A late motion of the kinds listed in Rule 12(b)(3) is untimely ^[8]. The court may still consider it if the party shows good cause ^[8].

A motion is not a ruling. A pretrial motion asks the judge to decide specific issues, so a filed motion shows what a lawyer is asking for, not what the judge decided ^[3]. Wait for the order before you write that something was granted or denied.

How does a civil complaint differ from a criminal one?

A civil complaint starts a lawsuit between parties. A civil action begins when a party to a dispute files a complaint and pays a filing fee required by statute ^[2].

The civil complaint describes the plaintiff's damages or injury and explains how the defendant caused the harm ^[2]. It shows that the court has jurisdiction and asks the court to order relief ^[2].

The standards differ too. In a federal criminal trial, the government carries the burden of proof, and the defendant does not have to prove innocence ^[6]. In a civil case, the plaintiff must convince the jury by a preponderance of the evidence ^[2]. That means it is more likely than not that the defendant is responsible for the harm ^[2].

A civil complaint describes the plaintiff's claimed injury and asks the court for relief ^[2]. A criminal complaint is a written statement of the essential facts of the offense charged ^[1].

Step by step: how does a federal criminal case move?

Cases take different routes. This is the general order, using the sources above.

1. The government starts the case, usually through the U.S. attorney's office working with a law enforcement agency ^[6].
2. A defendant can be arrested without an indictment, and when an arrest is made during the alleged commission of a crime, the lead investigator submits a written criminal complaint ^[3]. ^[4].
3. When there is no indictment, one additional early proceeding is required: the preliminary examination hearing ^[3]. The prosecution must convince a judge there is probable cause to proceed ^[3].
4. In a serious case, the government may charge by information if the defendant waives indictment in open court ^[7].
5. Both sides often file pretrial motions asking the judge to decide specific issues before trial ^[3].
6. At trial, the burden of proof is on the government ^[6].

The next video is an older federal training program on the early stages of a federal criminal case. Older materials may not reflect current rules, so check the rules cited in this guide.

How do you find and read these documents?

Start with PACER. The federal courts say criminal case records are available in PACER, except where the courts note exceptions for sealed documents, closed hearings and older documents ^[3]. Because indictments are often sealed until after an arrest, a missing indictment does not prove that no charge exists ^[3].

When you open a filing, work through it in order:

1. Find the document type. Is it a complaint, an indictment, an information, or a motion?
2. Find the offenses listed. An indictment lists the offenses and describes the facts supporting them ^[3].
3. Find the signature. An indictment or information must be signed by an attorney for the government ^[7].
4. Check whether any motions are pending. A pretrial motion asks the judge to decide specific issues ^[3].

If you cover hearings or request records, someone may ask who you are. The NPA credential is a private association credential, and the guide to NPA press credentials explains what it is. Check the court's own rules for access to hearings and records; a credential does not give a legal right of access.

A court-published summary of criminal case steps is below. Check any timing details in it against the current federal rules and the courts' journalist guide ^[3].

How do you report on charges responsibly?

A charging document is an allegation. A grand jury decides only probable cause, not guilt ^[4]. A defendant does not have to prove innocence at trial ^[6]. Write "is accused of" or "is charged with," since indictments describe offenses defendants allegedly committed ^[3].

The SPJ Code of Ethics says journalists should consider the implications of identifying criminal suspects before they face legal charges ^[9]. It also says legal access to information differs from an ethical justification to publish or broadcast ^[9]. A record being public does not settle whether you should print a name.

Keep a copy of every filing you cite. Note the date you pulled it and the court. If you are building a body of independent work, you can join the National Press Association to keep your professional details in one place, since NPA membership is free to apply, though joining gives you no legal right of access.

When a case turns on a hard legal question, such as a sealed filing or a motion you cannot parse, ask a media lawyer or a press-freedom hotline. This guide is general information, not legal advice.