First Adopted: June 13, 1979
Most Recently Effective: January 01, 2003
Rule 23 | Rules of Criminal Procedure | Misdemeanors or Felonies – Indictment or Information
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.
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).
(Adopted June 13, 1979, effective January 1, 1980. Amended January 28, 2002, effective January 1, 2003.)