With no explanation, chose the best option from "A", "B", "C" or "D". 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

A: holding that rule 63 applies to pleadings filed within seven days of summary judgment proceedings
B: holding that because the plaintiff had not perfected service within 120 days of filing the complaint the complaint was subject to mandatory dismissal
C: 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
D: holding that the charge was timely when filed within the statute of limitations period even though served after the period
C.