§ 21-403 – Term of grand jury
21-403. Term of grand jury A. Grand juries called pursuant to section 21-402 shall serve for a term designated by the presiding judge of the superior court which shall not exceed either: 1. One hundred twenty days if the grand jury is called pursuant to section 21-402, subsection A. 2. One hundred eighty days if […]
§ 21-404 – Grand jurors; number; quorum
21-404. Grand jurors; number; quorum The order to form a grand jury shall specify the number of jurors to constitute the grand jury. The grand jury shall consist of at least twelve but not more than sixteen persons, nine of whom constitute a quorum for all proceedings before it.
§ 21-405 – Change in presiding judge or county attorney; effect
21-405. Change in presiding judge or county attorney; effect Neither the term nor the powers of a grand jury shall be affected by the fact that a different individual or individuals shall occupy the position of presiding judge or the office of county attorney from time to time.
§ 21-406 – Absence
21-406. Absence A. At any time, for good cause, the presiding judge of the superior court or a designee may excuse a grand juror temporarily or permanently. If a grand juror is excused permanently, the presiding judge of the superior court or a designee may replace the excused juror with an alternate grand juror so […]
§ 21-407 – Duties of grand jurors
21-407. Duties of grand jurors A. The grand jurors shall inquire into every offense which may be tried within the county which is presented to them by the county attorney or other prosecuting officer at the request of the county attorney, or by the attorney general as a special prosecutor appointed by the presiding judge […]
§ 21-408 – Attendance of prosecuting attorney
21-408. Attendance of prosecuting attorney A. The county attorney or other prosecuting officer shall attend the grand jurors when requested by them, and may do so although not requested for the purpose of examining witnesses, in their presence, or of giving the grand jurors legal advice regarding any matter cognizable by them. He shall also, […]
§ 21-409 – Duties of court; examination; charge; advice; appointment of foreman
21-409. Duties of court; examination; charge; advice; appointment of foreman A. When a grand jury is summoned and appears, the court and the county attorney or other prosecuting officer shall examine the jurors regarding their qualifications as such jurors. B. After the grand jury has been sworn and impanelled the court on advice of the […]
§ 21-410 – Swearing of witness
21-410. Swearing of witness A. The foreman or acting foreman shall administer an oath or affirmation in the manner prescribed by law to any witness called to testify before the grand jury.
§ 21-411 – Appointment of reporter; transcript
21-411. Appointment of reporter; transcript A. The presiding judge of the superior court shall appoint a regularly appointed court reporter to record the proceedings before the grand jury, except the deliberations of the grand jury. The reporter’s notes containing the proceedings from which an indictment is returned shall be transcribed and filed with the clerk […]
§ 21-412 – Evidence on behalf of person under investigation
21-412. Evidence on behalf of person under investigation The grand jurors are under no duty to hear evidence at the request of the person under investigation, but may do so. The person under investigation shall have the right to advice of counsel during the giving of any testimony by him before the grand jury, provided […]