Title 8, Criminal Procedure

The prosecuting attorney, the witness under examination (who may be accompanied by his attorney for the sole purpose of consultation), interpreters when needed and, for the purpose of taking evidence, a stenographer and operator of a recording device may be present while the gran…

Before considering a charge against any person, the prosecuting attorney shall state to those present the matter to be considered and the person to be charged with an offense in connection therewith. He shall request any member of the grand jury who has a state of mind in referen…

(a) Except as otherwise provided by § 50.22, no juror may disclose any statement made or action taken by any member of the grand jury during its deliberations or voting on any matter before it. (b) Except as otherwise provided by § 50.38 and this Section, no juror, attorney, inte…

(a) In all grand jury proceedings, the testimony taken and questions asked before the grand jury has commenced its deliberation shall be recorded stenographically, or electronically, including digital and/or analog formats. The prosecuting attorney and defendant, or his attorney,…

The grand jury shall receive only competent evidence but the fact that evidence which is incompetent was received by the grand jury does not render the indictment void where sufficient competent evidence to support the indictment was received by the grand jury. SOURCE: Amended by…

to Disclose Exculpating Evidence in His Possession. The grand jury shall receive only evidence presented to it by the prosecuting attorney but the prosecuting attorney shall submit any evidence in his possession which would tend to negate guilt and the grand jury shall weigh all …

In any proceeding before a grand jury when a person refuses to answer a question or produce evidence of any kind on the ground that he may be incriminated thereby, proceedings may be had under § 1.21.

(a) An indictment is an accusation in writing, presented by the grand jury to a competent court, charging a person with a felony or a felony and a related misdemeanor. (b) The grand jury shall find an indictment when from the evidence presented there is reasonable cause to believ…

An indictment may be found only upon the concurrence of twelve (12) or more jurors. The indictment shall be returned by the grand jury to a judge in open court. If the defendant has been arrested and twelve (12) COL050108 jurors do not concur in finding an indictment, the foreman…

(a) A grand jury shall serve until discharged by the court but no grand jury may serve more than eighteen (18) months. (b) At any time for cause shown the court may excuse a juror either temporarily or permanently, and in the latter event the court may impanel another person in p…