after the grand jury has finally passed on them. 42 C.J.S. Indictments and Informations § 193 (1991). Generally, an amendment to an indictment, made either before or after trial, must be of form, not of substance, which means the amendment may not charge a greater offense. Minn. R.Crim.P. 17.05. Here, however, the original indictment was dismissed and replaced by a complaint. Following dismissal of an indictment for a curable defect, Rule 17.06, subd. 4(3) requires the state to elect a means of continuing the prosecution within seven days. The state satisfies this requirement either by moving for a continuance of the stay or by filing a new or amended indictment or complaint within that seven-day period. Minn. R.Crim.P. 17.06, subd. 4(3); State v. Dwire, 409 N.W.2d 498, 503 (Minn.1987) (<HOLDING>). Because the original indictment charged
holding that because the plaintiff had not perfected service within 120 days of filing the complaint the complaint was subject to mandatory dismissal holding that the charge was timely when filed within the statute of limitations period even though served after the period holding rule 1706 subd 43s timing requirements satisfied by filing of a complaint within seven days after dismissal of indictment even though the state failed to move to continue the stay within the sevenday period holding that rule 63 applies to pleadings filed within seven days of summary judgment proceedings holding that the district court did not abuse its discretion when it dismissed the case without prejudice because the plaintiff failed to properly serve the defendant within 120 days after filing the complaint