2.4(1)Defined. An indictment is an accusation in writing, found and presented by a grand jury legally impaneled and sworn to the court in which it is impaneled, charging that the person named therein has committed a public offense.2.4(2)Use of indictment. Offenses other than simple misdemeanors may be prosecuted to final judgment either on indictment or on information as provided in rule 2.5.2.4(3)Presentation and filing. An indictment, when found by the grand jury and properly endorsed, shall be presented to the court. The presentation shall be made by the foreperson of the grand jury in the presence of the other members of the grand jury. The prosecuting attorney shall prepare and present minutes of testimony as provided in rule 2.4(7) by the time of arraignment. The indictment, minutes of testimony, and all exhibits relating thereto shall be filed by the court.2.4(4)Contents of indictment. An indictment shall substantially comply with rule 2.37 -Form 5: General Indictment Form and, in any event, contain a plain, concise, and definite statement of the offense charged and be signed by the foreperson of the grand jury. The indictment shall include the following: a. The name of the accused, if known, and if not known, designation of the accused by any name by which the accused may be identified.b. The name of the offense and the statutory provision or provisions alleged to have been violated.c. A brief statement of the time and place of the offense, if known.d. Where the means by which the offense is committed are necessary to charge the offense, a brief statement of the acts or omissions by which the offense is alleged to have been committed.2.4(5)Nonprejudicial defects in indictments. A trial judgment or other proceeding shall not be affected by any defect in the indictment that does not prejudice a substantial right of the defendant.2.4(6)Amendment of indictment.a. Generally. The court may, either before or during the trial, order the indictment amended.b. Opportunity to resist proposed amendment. The defendant shall be given a reasonable opportunity to resist any proposed amendment.c. When amendment is not allowed. Amendment is not allowed if substantial rights of the defendant are prejudiced by the amendment, or if a wholly new and different offense is charged.d. Contintuance. When an amendment is allowed, no continuance or delay in trial shall be granted on that ground unless the defendant should have additional time to prepare.2.4(7)Minutes.a. Contents. A minute of testimony shall consist of a notice in writing stating the name and occupation of the witness upon whose testimony the indictment is found, a full and fair statement of the witness's testimony before the grand jury if such witness testified, and a full and fair statement of the witness's expected testimony at trial. Disclosure of witness addresses shall be governed by rule 2.11(13).b. Amending minutes. The prosecuting attorney may file amended minutes subject to rule 2.19(2).c. Minutes not to be disseminated. Minutes of testimony shall be available to the district judge, the prosecuting attorney, the defendant, and the defendant's attorney to be used confidentially in the case and shall not be made public or further disseminated.66GA, ch 1245(2), § 1301; 67GA, ch 153, § 12, 13; amendment 1979; amendment 1980; amendment 1999; Report November 9, 2001, effective 2/15/2002;12/23/2008, effective 2/23/2009;4/2/2009, effective 6/1/2009; Court Order October 14, 2022, effective 7/1/2023.