Rule 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 Notes

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).