Close
Clerk
Handbooks
Supreme Court Rules
Section/Rule:
23.08
Subject:
Rule 23 - Rules of Criminal Procedure - Misdemeanors or Felonies - Indictment or Information
Publication / Adopted Date:
June 13, 1979
Topic:
Misdemeanors or Felonies - Indictment or Information - Amendment or Substitution - Delay
Revised / Effective Date:
January 1, 2003
23.08. Misdemeanors or Felonies - Indictment or Information - Amendment or Substitution - Delay
Any information may be amended or an information may be substituted for an indictment at any time before verdict or finding if:
(
a
) No additional or different offense is charged, and
(
b
) A defendant's substantial rights are not thereby prejudiced.
No such amendment or substitution shall cause delay of a trial unless the court finds that a defendant needs further time to prepare a defense by reason of such amendment or substitution.
(Adopted June 13, 1979, eff. Jan. 1, 1980. Amended Jan. 28, 2002, eff. Jan. 1, 2003.)
Committee Note - 1979
The first sentence is substantially the same as prior Rule
24.02
.
The second sentence is substantially the same as prior Rule 24.15.
Compare: Fed.R.Crim.P. 7(e).