Texas statute
Tex. Code Crim. Proc. art. 28.10 — Amendment of indictment or information
Current through 89th Legislature, 2nd Called Session (2025)
Part of Chapter 28: MOTIONS, PLEADINGS AND EXCEPTIONS, Texas Code of Criminal Procedure.
Full text of Tex. Code Crim. Proc. art. 28.10
Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.
(a) After notice to the defendant, a matter of form or substance in an indictment or information may be amended at any time before the date the trial on the merits commences. On the request of the defendant, the court shall allow the defendant not less than 10 days, or a shorter period if requested by the defendant, to respond to the amended indictment or information. (b) A matter of form or substance in an indictment or information may also be amended after the trial on the merits commences if the defendant does not object. (c) An indictment or information may not be amended over the defendant's objection as to form or substance if the amended indictment or information charges the defendant with an additional or different offense or if the substantial rights of the defendant are prejudiced.
Official sources
This reference is informational and is not legal advice.