§ 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 […]
§ 21-413 – Indictment upon probable cause
21-413. Indictment upon probable cause The grand jury shall return an indictment charging the person under investigation with the commission of a public offense if, from all the evidence taken together, it is convinced that there is probable cause to believe the person under investigation is guilty of such public offense.
§ 21-414 – Number of grand jurors necessary to indict
21-414. Number of grand jurors necessary to indict A. An indictment shall not be returned without concurrence of at least nine grand jurors. When an indictment is returned, the foreman or acting foreman shall endorse it a " true bill" and sign it. B. An indictment shall not be dismissed on the ground that one […]
§ 21-415 – Presentation of indictment
21-415. Presentation of indictment The indictment shall be presented by the foreman or acting foreman to the court in the presence of the grand jury.
§ 21-416 – Failure to indict person in custody or on bail
21-416. Failure to indict person in custody or on bail If the defendant is in custody or has given bail on a charge investigated by the grand jury and nine jurors do not concur in finding an indictment, the foreman or acting foreman shall so report to the court in writing forthwith.
§ 21-401 – Definitions
21-401. Definitions In this chapter, unless the context otherwise requires: 1. " Alternate grand jurors" means the additional grand jurors who are selected and sworn at the time of impanelment but who are not designated as permanent jurors until the presiding judge of the superior court or a designee has permanently excused a duly impanelled […]
§ 21-417 – Discharge of grand jury
21-417. Discharge of grand jury The presiding judge of the superior court shall discharge a grand jury upon the expiration of the term of such grand jury unless the term is extended as provided in section 21-403.