Rule 13.5 - Persons Authorized to be Present During Sessions of the Grand Jury; Grand Jury Secrecy(a) Persons Authorized to be Present. No person other than the grand jurors, the witness under examination, prosecutors authorized to present evidence, and the interpreter, if any, shall be present during sessions of the grand jury. No person other than the grand jurors shall be present during their deliberation and voting.(b) Grand Jury Secrecy.(1) Generally. A grand juror, except when called as a witness in court, shall keep secret the proceedings and actions taken in reference to matters brought before the grand jury for six (6) months after final adjournment of the grand jury, and the name and testimony of any witness appearing before the grand jury shall be kept secret.(2) Announcements Concerning Deliberations Prohibited. No attorney general, district attorney, county attorney, other prosecuting attorney, or other officer of the court shall announce to any unauthorized person what the grand jury will consider in its deliberations. If such information is disclosed, the disclosing person may be found in contempt of court punishable by fine or imprisonment.(3) Disclosure of Indictments Prohibited. No grand juror, witness, attorney general, district attorney, county attorney, other prosecuting attorney, clerk, sheriff or other officer of the court shall disclose to any unauthorized person that an indictment is being found or returned into court against a defendant or disclose any action or proceeding in relation to the indictment before the finding of an indictment, within six (6) months thereafter, or before the defendant is arrested or gives bail or recognizance.Comment
Rule 13.5(b) preserves former Rule 7.04 of the Uniform Rules of Circuit and County Court and Mississippi Code Section 13-5-61. Rule 13.5(b)(2) authorizes the court to employ its contempt powers pursuant to Rule 32.3 to punish unauthorized disclosure of grand jury deliberations. See Miss. Code Ann. § 13-5-61. Rule 13.5(b)(3) does not preclude a prosecutor from informing a victim on the status of a charge, pursuant to Mississippi Code Section 99-7-9.