Rule 13.3 - Grand Jury Foreperson(a) Selection of Foreperson; Oath.(1) Foreperson. The court shall appoint a foreperson of the grand jury to whom the following oath shall be administered in open court, in the presence of the other grand jurors: You, as foreperson of this grand inquest, shall diligently inquire into, and true presentment make, of all such matters and things as shall be given you in charge, or otherwise come to your knowledge, touching the present service. The counsel of the state, your fellows, and your own you will keep secret. You shall not present any person through malice, hatred or ill will, nor shall you leave any person unpresented through fear, favor or affection, or for any reward, hope or promise thereof, but in all your presentments, you shall present the truth, the whole truth, and nothing but the truth, to the best of your skill and understanding. So help you God.
(2) Oath of Other Grand Jurors. The following oath shall be administered to the other grand jurors: The same oath that your foreperson has now taken before you on the foreperson's part, you, and each of you, shall well and truly observe, and keep on your respective parts. So help you God.
(3) Replacement of Foreperson. If a foreperson becomes unable to continue service as a grand juror, the court shall appoint another member of the grand jury as replacement. The fact that the original foreperson was replaced shall not be grounds for attacking the validity of the acts or indictments of the grand jury.(b) Powers and Duties of Foreperson. The foreperson is empowered to preside over the grand jury proceedings, issue or cause to be issued subpoenas (ad testificandum and duces tecum), and swear all witnesses. A record shall be kept by the foreperson and returned to court, certified and signed by the foreperson, of the names of all witnesses sworn before the grand jury. The foreperson shall also submit a written report of the proceedings of the grand jury to the court or clerk; endorse any indictment returned by the grand jury as a "True Bill" and sign the foreperson's name thereto; and return a "No True Bill" list to the circuit clerk, to be kept under seal, although the clerk is allowed to disclose to a defendant that his/her case has received a "No True Bill." Comment
Rule 13.3 is based, in part, on former Rule 7.02 of the Uniform Rules of Circuit and County Court. The oaths in this Rule are taken from Mississippi Code Section 13-5-45. Such oaths may be administered to all grand jurors at the same time. The powers and duties of the foreperson are derived from Mississippi Code Section 13-5-63 and Entergy Mississippi, Inc. v. State, 132 So. 3d 568, 574 (Miss. 2014). They should be included in the charge to the grand jury.