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Rule 6 – The Grand Jury

May 14, 2021 | Criminal Procedure, Ohio

(A) Summoning grand juries. The judge of the court of common pleas for each county, or the administrative judge of the general division in a multi-judge court of common pleas or a judge designated by the administrative judge, shall order one or more grand juries to be summoned at such times as the public interest requires. The grand jury shall consist of nine members, including the foreperson, and a number of alternates as provided in division (H) of this rule.
(B) Objections to grand jury and to grand jurors.

(1) Challenges. The prosecuting attorney, or the attorney for a defendant who has been held to answer in the court of common pleas, may challenge the array of grand jurors or an individual grand juror on the ground that the grand jury or individual grand juror was not selected, drawn, or summoned in accordance with the statutes of this state. Challenges shall be made before the administration of the oath to the grand jurors and shall be tried 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 or more members of the grand jury were not legally qualified, if it appears from the record kept pursuant to subdivision (C) that seven or more grand jurors, after deducting the number not legally qualified, concurred in finding the indictment.
(C)Foreperson and deputy foreperson. The court may appoint any qualified elector or one of the grand jurors to be foreperson and one of the grand jurors to be deputy foreperson. The foreperson shall be a member of the grand jury for all purposes, including voting. The foreperson shall have power to administer oaths and affirmations and shall sign all indictments. The foreperson or another grand juror designated by the foreperson shall keep a record of the number of grand jurors concurring in the finding of every indictment and shall upon the return of the indictment file the record of concurrence with the clerk of court. During the absence or disqualification of the foreperson, the deputy foreperson shall act as foreperson.
(D) Who may be present. The prosecuting attorney, the witness under examination, interpreters when needed and, a court reporter or other person designated by the court for the purpose of taking the evidence and preparing a record of the proceedings may be present while the grand jury is in session, but no person other than the grand jurors and an interpreter for a grand juror pursuant to Sup.R. 88 may be present while the grand jury is deliberating or voting.
(E) Secrecy of proceedings and disclosure. Deliberations of the grand jury and the vote of any grand juror shall not be disclosed. Disclosure of other matters occurring before the grand jury may be made to the prosecuting attorney for use in the performance of his duties only pursuant to this rule. A grand juror, prosecuting attorney, interpreter, court reporter, or typist who transcribes recorded testimony, may disclose other matters occurring before the grand jury, only when so directed by the court preliminary to or in connection with a judicial proceeding, or when permitted by the 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. No grand juror, officer of the court, or other person shall disclose that an indictment has been found against a person before such indictment is filed and the case docketed. The court may direct that an indictment shall be kept secret until the defendant is in custody or has been released pursuant to Rule 46. In that event the clerk shall seal the indictment, the indictment shall not be docketed by name until after the apprehension of the accused, and no person shall disclose the finding of the indictment except when necessary for the issuance of a warrant or summons. No obligation of secrecy may be imposed upon any person except in accordance with this rule.
(F) Finding and return of indictment. An indictment may be found only upon the concurrence of seven or more grand jurors. When so found the foreperson or deputy foreperson shall sign the indictment as foreperson or deputy foreperson. The indictment shall be returned by the foreperson or deputy foreperson to a judge of the court of common pleas and filed with the clerk who shall endorse thereon the date of filing and enter each case upon the appearance and trial dockets. If the defendant is in custody or has been released pursuant to Crim.R. 46 and seven grand jurors do not concur in finding an indictment, the foreperson shall so report to the court forthwith.
(G) Discharge and excuse. A grand jury shall serve until discharged by the court. A grand jury may serve for four months, but the court upon a showing of good cause by the prosecuting attorney may order a grand jury to serve more than four months but not more than nine months. 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 grand juror either temporarily or permanently, and in the latter event the court may impanel another eligible person in place of the grand juror excused.
(H) Alternate grand jurors. The court may order that grand jurors, in addition to the regular grand jury, be called, impaneled and sit as alternate grand jurors. Unless provided otherwise by local court rule, the number of alternate grand jurors shall not exceed five. Alternate grand jurors, in the order in which they are called, shall replace grand jurors who, prior to the time the grand jury votes on an indictment, are found to be unable or disqualified to perform their duties. Alternate grand jurors shall be drawn in the same manner, shall have the same qualifications, shall be subjected to the same examination and challenges, shall take the same oath, and shall have the same functions, powers, facilities and privileges as the regular grand jurors. Alternate grand jurors may sit with the regular grand jury, but shall not be present when the grand jury deliberates and votes.

Ohio. Crim. R. 6

Effective:July 1, 1973; amended April 24, 2019, effective July 1, 2019.

Proposed Staff Notes (2019 Amendment)

Crim.R. 6

The changes to this Rule were made to make the Rule gender neutral. Further, language was added to subsection (D) so that the Rule would comply with Sup. R 88 and would allow an interpreter to remain in the grand jury room during deliberation and voting. Subsection (E) was changed to clarify that the deliberations and the vote of the grand jury are secret; it was meant to give emphasis to what is already recognized law in Ohio, and it was not meant to be a substantive change.