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Note: The comments and questions on this page came from people who visited this website. Please feel free to send your comments and questions to Professor Brenner (brenner@udayton.edu). She will respond privately, and may ask permission to post your message on this page. No one's e-mail will be used without first obtaining their permission, and names and e-mail addresses are removed before a comment is posted. Starting in 2002, the responses posted to the site indicate which of us replied: The initials SWB mean Professor Brenner wrote the response; the initials LES mean Professor Shaw wrote the response. We are also putting the year down, to indicate when the response was posted. If no initials appear, Professor Brenner wrote the response.

What is the difference between an amended indictment and a superseding indictment?

I am not looking for legal representation... just for info on the grand jury process. I specifically want to know information on the procedure necessary for the government to obtain a superseding indictment, or an "amended" indictment. . . and what is the difference.

Can you help? I have been trying to research it, but with no luck.


In the federal system, indictments can be superseded but not amended. For information on that, see if you can get a copy of my grand jury book from a law or other library, or check Wright & Miller's multi-volume set on Federal Practice - check the section on Rule 6 of the Federal Rules of Criminal Procedure, which governs the return of indictments.

I assume indictments can be amended in some states, but do not really know anything about that. You'd have to check state law, if that is your interest. If you are checking state law, I'd start with the state version of Rule 6, i.e., the state court rule or statute that governs grand jury practice.




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