Title 18 — Crimes and Criminal ProcedureRelease 119-73
§3321 Number of grand jurors; summoning additional jurors
Title 18 › Part PART II— - CRIMINAL PROCEDURE › Chapter CHAPTER 215— - GRAND JURY › § 3321
Summary
A grand jury must have between 16 and 23 people. If fewer than 16 summoned people appear, or if someone is removed after a challenge and too few remain, the court must order the marshal to summon enough people from the district (not from bystanders), either immediately or for a set later day.
Full Legal Text
Title 18, §3321
Crimes and Criminal Procedure — Source: USLM XML via OLRC
Every grand jury impaneled before any district court shall consist of not less than sixteen nor more than twenty-three persons. If less than sixteen of the persons summoned attend, they shall be placed on the grand jury, and the court shall order the marshal to summon, either immediately or for a day fixed, from the body of the district, and not from the bystanders, a sufficient number of persons to complete the grand jury. Whenever a challenge to a grand juror is allowed, and there are not in attendance other jurors sufficient to complete the grand jury, the court shall make a like order to the marshal to summon a sufficient number of persons for that purpose.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on section 419 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (Mar. 3, 1911, ch. 231, § 282, 36 Stat. 1165). The provisions of the first sentence are embodied in rule 6(a) of the Federal Rules of Criminal Procedure, but it has been retained because of its relation to the remainder of the text which is not covered by said rule.
Reference
Citations & Metadata
Citation
18 U.S.C. § 3321
Title 18 — Crimes and Criminal Procedure
Last Updated
Apr 6, 2026
Release point: 119-73