(i) an attorney for the government for use in performing that attorney's duty (A) Disclosure of a grand-jury matter-other than the grand jury's deliberations or any grand juror's vote-may be made to: (vii) a person to whom disclosure is made under Rule 6(e)(3)(A)(ii) or (iii). (v) a person who transcribes recorded testimony (B) Unless these rules provide otherwise, the following persons must not disclose a matter occurring before the grand jury: (A) No obligation of secrecy may be imposed on any person except in accordance with Rule 6(e)(2)(B). Unless the court orders otherwise, an attorney for the government will retain control of the recording, the reporter's notes, and any transcript prepared from those notes. But the validity of a prosecution is not affected by the unintentional failure to make a recording. ![]() Except while the grand jury is deliberating or voting, all proceedings must be recorded by a court reporter or by a suitable recording device. (e) Recording and Disclosing the Proceedings. No person other than the jurors, and any interpreter needed to assist a hearing-impaired or speech-impaired juror, may be present while the grand jury is deliberating or voting. The following persons may be present while the grand jury is in session: attorneys for the government, the witness being questioned, interpreters when needed, and a court reporter or an operator of a recording device. The foreperson-or another juror designated by the foreperson-will record the number of jurors concurring in every indictment and will file the record with the clerk, but the record may not be made public unless the court so orders. The foreperson may administer oaths and affirmations and will sign all indictments. ![]() In the foreperson's absence, the deputy foreperson will act as the foreperson. The court will appoint one juror as the foreperson and another as the deputy foreperson. The court must not dismiss the indictment on the ground that a grand juror was not legally qualified if the record shows that at least 12 qualified jurors concurred in the indictment. The motion to dismiss is governed by 28 U.S.C. ![]() A party may move to dismiss the indictment based on an objection to the grand jury or on an individual juror's lack of legal qualification, unless the court has previously ruled on the same objection under Rule 6(b)(1). Either the government or a defendant may challenge the grand jury on the ground that it was not lawfully drawn, summoned, or selected, and may challenge an individual juror on the ground that the juror is not legally qualified. (b) Objection to the Grand Jury or to a Grand Juror. An alternate juror who replaces a juror is subject to the same challenges, takes the same oath, and has the same authority as the other jurors. Alternate jurors replace jurors in the same sequence in which the alternates were selected. Alternate jurors must have the same qualifications and be selected in the same manner as any other juror. ![]() When a grand jury is selected, the court may also select alternate jurors. A grand jury must have 16 to 23 members, and the court must order that enough legally qualified persons be summoned to meet this requirement. When the public interest so requires, the court must order that one or more grand juries be summoned.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |