COL050108
Timely. (a) The attorney for the government or a defendant who has appeared pursuant to § 45.30 may challenge the array of jurors on the ground that the grand jury was not selected drawn or summoned in accordance with law, and may challenge an individual juror on the ground that the juror is not legally qualified. Challenges shall be made before the administration of the oath to the jurors and shall be tried by the court. (b) A motion to dismiss the indictment may be based on objection to the array or on the lack of legal qualification of an individual juror, if not previously determined upon challenge. It shall be made in the manner prescribed in § 680.17 of the Code of Civil Procedure and shall be granted under the conditions prescribed in that section. An indictment shall not be dismissed on the ground that one or more members of the grand jury were not legally qualified if it appears from the record kept pursuant to § 50.22 that twelve or more jurors, after deducting the number not legally qualified, concurred in finding the indictment. NOTE: Section 50.14 continues the substance of former Rule 6(b) and former § 805. However, Subsection (a) has been revised to make reference to the defendant's first appearance. Obviously, if an indictment is returned before the defendant's first appearance, he will not be able to make a challenge under Subsection (a) but he will be able to make the same challenge under Subsection (b) Subsection (b) has been revised to make reference to the motion procedure provided by § 680.17 of the Code of Civil Procedure. Section 680.17 is the counterpart of § 1867 of the United States Code which is referred to in Rule 6(b)(2) of the Federal Rules of Criminal Procedure. Subsection (b) amended by P.L. 17-62:2 to update reference to CCP § 680.17 (formerly § 680.7) (Now in Title 7, GCA).