TITLE XII THE GRAND JURY Art. 431. Oath of grand jury The grand jurors shall take the following oath when impaneled: "As members of the grand jury, do you solemnly swear or affirm that you will diligently inquire into and true presentment make of all indictable offenses triable within this parish which shall be given […]
Art. 432. Charge to grand jury After the oath is administered to the members of the grand jury, the judge shall charge them orally in open court upon their duties, rights, and powers. Upon completion of the charge the judge shall give the grand jury a written copy of the charge. At any time thereafter, […]
Art. 433. Persons present during grand jury sessions A.(1) Only the following persons may be present at the sessions of the grand jury: (a) The district attorney and assistant district attorneys or any one or more of them; (b) The attorney general and assistant attorneys general or any one or more of them; (c) The […]
Art. 434. Secrecy of grand jury meetings; procedures for crimes in other parishes A. Members of the grand jury, all other persons present at a grand jury meeting, and all persons having confidential access to information concerning grand jury proceedings, shall keep secret the testimony of witnesses and all other matters occurring at, or directly […]
Art. 434.1. Exceptions to grand jury secrecy A. Notwithstanding the provisions of Article 434, the state may disclose to state or federal prosecutors or law enforcement officers, or to investigators on the staff of the district attorney or attorney general, or to expert witnesses, information and documents provided to a grand jury. Any person to […]
Art. 435. Meetings of grand jury The grand jury shall meet as directed by the court, or may meet on its own initiative at the direction of nine of its members, at any time and place within the parish. Nine grand jurors shall constitute a quorum, and nine grand jurors must concur to find an […]
Art. 436. The foreman; rules of procedure The foreman of the grand jury shall preside over all hearings. He may delegate duties to other grand jurors and may determine rules of procedure. A grand juror who objects to a rule of procedure made by the foreman may apply to the court for a determination of […]
Art. 437. Inquiry into offenses; authority and duties The grand jury shall inquire into all capital offenses and offenses punishable by life imprisonment triable within the parish. It may inquire into other offenses triable by the district court of the parish, and shall inquire into such offenses when requested to do so by the district […]
Art. 438. Duty of grand juror having knowledge of offense; investigation If a grand juror knows or has reason to believe that an offense triable by the district court of the parish has been committed, he shall declare such fact to his fellow jurors, who may investigate it. In such investigation or any subsequent criminal […]
Art. 439. Subpoena of witnesses to appear before the grand jury Upon request of the grand jury or the district attorney, the court shall issue a subpoena for a witness to appear before the grand jury to testify when questioned by the grand jury or district attorney, or both, concerning an offense under investigation. Upon […]
Art. 439.1. Witnesses; authority to compel testimony and evidence A. In the case of any individual who has been or may be called to testify or provide other information at any proceeding before or ancillary to a grand jury of the state, at any proceeding before a court of this state, or in response to […]
Art. 440. Administration of oath to witnesses A witness who is to testify before the grand jury shall first be sworn by the foreman, in accordance with Article 14, to testify truthfully and to keep secret, except as authorized by law, matters which he learns at the grand jury meeting. Acts 1988, No. 515, §3, […]
Art. 441. Administration of oath to other persons Before being permitted to function in their respective capacities, the court shall administer an oath, to persons employed to record and transcribe the testimony and proceedings, and to interpreters, to faithfully perform their duties and keep secret the grand jury proceedings.
Art. 442. Evidence to be received by grand jury A grand jury shall hear all evidence presented by the district attorney. It may hear evidence for the defendant, but is under no duty to do so. When the grand jury has reason to believe that other available evidence will explain the charge, it should order […]
Art. 443. When indictment to be found The grand jury shall find an indictment, charging the defendant with the commission of an offense, when, in its judgment, the evidence considered by it, if unexplained and uncontradicted, warrants a conviction.
Art. 444. Action by grand jury A. A grand jury shall have power to act, concerning a matter, only in one of the following ways: (1) By returning a true bill; (2) By returning not a true bill; or (3) By pretermitting entirely the matter investigated. The grand jury is an accusatory body and not […]
