Rule 13.1 - Selection and Preparation of Grand Jurors(a) Summons. Grand jurors shall be summoned and impaneled as provided by law.(b) Service of Grand Jury.(1) Generally. Grand juries may be impaneled and serve both in term time and vacation.(2) Number of Grand Jurors. The grand jury shall consist of at least fifteen (15) persons, but not more than twenty-five (25) persons, the exact number to be within the discretion of the judge impaneling the jury. If during the service of a grand jury the number of grand jurors able to serve on the grand jury shall become less than fifteen (15), then the circuit judge may have additional grand jurors summoned, impaneled, and charged in the same manner as the original grand jurors.(3) Convening the Grand Jury. Upon impanelment, a grand jury may be convened and reconvened by order of the court. The grand jury will continue to serve until the next grand jury is impaneled and it may return indictments to court in term time or vacation notwithstanding intervening terms of court between the time the grand jury is impaneled and the time an indictment is returned.(c) Impanelment of Grand Jury. Before swearing grand jurors as such, the grand jurors shall be examined by the court, on oath, touching their qualifications. After the grand jurors have been sworn and impaneled, no objection shall be raised, by plea or otherwise, to the grand jury, but the impaneling of the grand jury shall be conclusive evidence of its competency and qualifications. However, any party interested may challenge or except to the array for fraud.Comment
"Historically and at present, a grand jury is an independent body empowered with the authority to investigate potential crimes and, if probable cause is found, to indict for criminal offenses." Entergy Mississippi, Inc. v. State, 132 So. 3d 568, 572 (Miss. 2014).
Rule 13.1 follows former Rule 7.02 of the Uniform Rules of Circuit and County Court, and incorporates the procedure for summoning and impaneling grand juries provided in Mississippi Code Section 13-5-1, et. seq. See Miss. Const. art. 14, § 264 ("The Legislature shall, by law, provide for the qualifications of grand and petit jurors. The Legislature shall provide, by law, for procuring a list of persons so qualified, and the drawing therefrom of grand and petit jurors"). Rule 13.1(c) tracks the language in Mississippi Code Section 13-5-43.