Rule 6. The Grand Jury

(a) Number of Grand Jurors. A grand jury shall consist of not less than thirteen (13) nor more than twenty-three (23) members and a sufficient number of legally qualified persons shall be summoned to meet this requirement.

(b) Objections to Grand Jury and to Grand Jurors.

(1) Challenges. The attorney for the State or a defendant who has been held to answer may challenge the array of jurors on the ground that the grand jury was not selected or drawn in accordance with the law and may challenge an individual juror on the ground that the juror is not legally qualified. Challenges shall be made before the administration of the oath to the jurors and shall be determined by the court.

(2) Motion to Dismiss. A motion to dismiss the indictment may be based on objections to the array or on the lack of legal qualification of an individual juror, if not previously determined upon challenge. An indictment shall not be dismissed on the ground that one (1) or more members of the grand jury were not legally qualified if it appears from the signatures which appear on the indictment pursuant to subdivision (f) of this rule that twelve (12) or more jurors, after deducting the number not legally qualified, concurred in finding the indictment.

(c) Foreman and Deputy Foreman. The court shall appoint one (1) of the jurors to be foreman and another to be deputy foreman. The foreman shall have power to administer oaths and affirmations. During the absence of the foreman, the deputy foreman shall act as foreman.

(d) Who May Be Present. Attorneys for the State, the witness under examination, interpreters when needed and, for the purpose of taking the evidence or recording instructions, a stenographer or operator of a recording device may be present while the grand jury is in session, but no person other than the jurors may be present while the grand jury is deliberating or voting.

(e) Recording and Disclosure of Proceedings.

(1) Recording of Proceedings. All proceedings, except when the grand jury is deliberating or voting, shall be recorded stenographically or by an electronic recording device. An unintentional failure of any recording to reproduce all or any portion of a proceeding shall not affect the validity of the prosecution. The recording or reporter's notes or any transcript prepared therefrom shall remain in the custody or control of the attorney for the State unless disclosed in the proper discharge of the attorney's official duties or otherwise ordered by the court in a particular case. In the event an indictment is not returned any notes of a stenographer and transcriptions of such notes, and any other recordings of the proceedings, shall be delivered to and impounded by the court.

(2) General Rule of Secrecy. A grand juror, an interpreter, a stenographer, an operator of a recording device, a typist who transcribes recorded testimony, an attorney for the State, or any person to whom disclosure is made under subdivision

(e) (3)(A)(ii) shall not disclose matters occurring before the grand jury, except as otherwise provided for in these rules. A knowing violation of Rule 6 may be punished as a contempt of court.

(3) Exceptions.

(A) Disclosure otherwise prohibited by this rule of matters occurring before the grand jury, other than its deliberations and the vote of any grand juror, may be made to:

(i) An attorney for the State for use in the performance of such attorney's duty; and

(ii) Such government personnel (including personnel of the federal government) as are deemed necessary by an attorney for the State to assist an attorney for the State in the performance of such attorney's duty to enforce criminal law.

(B) Any person to whom matters are disclosed under subdivision (e)(3)(A)(ii) shall not utilize that grand jury material for any purpose other than assisting the attorney for the State in the performance of such attorney's duty to enforce criminal law. An attorney for the State shall promptly provide the court with the names of the persons to whom such disclosure has been made, and shall certify that the attorney has advised such persons of their obligation of secrecy under this rule.

(C) Disclosure otherwise prohibited by this rule of matters occurring before the grand jury may also be made:

(i) When so directed by a court preliminarily to or in connection with a judicial proceeding;

(ii) When permitted by a court at the request of the defendant, upon a showing that grounds may exist for a motion to dismiss the indictment because of matters occurring before the grand jury;

(iii) When the disclosure is made by an attorney for the State to another grand jury; or

(iv) When permitted by a court at the request of an attorney for the State, upon a showing that such matters may disclose a violation of federal criminal law, to an appropriate official of the federal government for the purpose of enforcing such law. If the court orders disclosure of matters occurring before the grand jury, the disclosure shall be made in such manner, at such time, and under such conditions as the court may direct.

(D) Unless the hearing on a petition for disclosure pursuant to subdivision

(e) (3)(C)(i) is ex parte, which it may be when the petitioner is the State, the petitioner shall serve written notice of the petition upon:

(i) The attorney for the State;

(ii) The parties to the judicial proceeding if disclosure is sought in connection with such a proceeding; and

(iii) Such other persons as the court may direct. The court shall afford those persons a reasonable opportunity to appear and be heard.

(4) Sealed Indictments. The judicial officer to whom an indictment is returned may direct that the indictment be kept secret until the defendant is in custody or has been released pending trial or arraigned or presented on said indictment before a judicial officer. Thereupon the clerk shall seal the indictment and no person shall disclose the return of the indictment except when necessary for the issuance and execution of a warrant or summons.

(5) Closed Hearing. Subject to any right to an open hearing in contempt proceedings, the court shall order a hearing on matters affecting a grand jury proceeding to be closed to the extent necessary to prevent improper disclosure of matters occurring before a grand jury.

(6) Sealed Records. Records, orders, and subpoenas relating to grand jury proceedings shall be kept under seal to the extent and for such time as is necessary to prevent improper disclosure of matters occurring before a grand jury.

(f) Finding and Return of Indictment. An indictment may be found only upon the concurrence of twelve (12) or more jurors and shall be signed by each juror who concurred in the finding. The indictment shall be returned by the grand jury to a judicial officer in open court. If the defendant is in custody or has given bail or recognizance and twelve (12) jurors do not concur in finding an indictment, the foreman shall so report in writing to the court forthwith; whereupon, the Attorney General shall immediately notify the division of the District Court before which a complaint has been filed or is pending against the defendant of this fact.

(g) Tenure, Discharge, and Excuse. A grand jury shall serve until the expiration of its term of office as fixed by statute. The court may at any time excuse a grand jury subject to recall during its term of office. On written application of the Attorney General, a grand jury may be extended beyond its term. The tenure and powers of a grand jury are not affected by the beginning or expiration of a term of court. 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 place of the juror excused.