South Dakota § 23A-6-19 - (Rule 7(e)) Amendment of information before trial--Allegation of new offense--Amendment during trial.
Full text of South Dakota South Dakota Codified Laws § 23A-6-19 — (Rule 7(e)) Amendment of information before trial--Allegation of new offense--Amendment during trial., with citation guidance and answers to common questions.
§ 23A-6-19. (Rule 7(e)) Amendment of information before trial--Allegation of new offense--Amendment during trial.
If trial has not commenced, a prosecuting attorney may amend an information to allege, or to change the allegations regarding, any offense arising out of the same alleged conduct of the defendant that gave rise to any offense alleged in the original information. If the change alleges a new offense, the defendant has the right to a preliminary hearing on the new offense.
After commencement of a trial, the trial court may permit the prosecuting attorney to amend the information at any time before a verdict or finding is made, if no additional or different offense is charged and substantial rights of the defendant are not thereby prejudiced. An amendment may charge an additional or different offense with the express consent of the defendant.
Source: Supreme Court Rule 397, 1939; SDC 1939 & Supp 1960, § 34.3628; SDCL, § 23-39-1; SL 1978, ch 178, § 78.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 23A-6-19
What does South Dakota Codified Laws § 23A-6-19 cover?
Section 23A-6-19 ("(Rule 7(e)) Amendment of information before trial--Allegation of new offense--Amendment during trial.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 23A-6-19?
A common citation format is "South Dakota Codified Laws § 23A-6-19" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 23A-6-19 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.