Rule 13.6 - Grand Jury Proceedings(a) Number of Grand Jurors Necessary to Indict; Grand Jury Not To Do Certain Things. A grand jury has the power to indict any person upon affirmative vote of twelve (12) or more grand jurors. The grand jury report should not accuse any person by name of an offense, malfeasance, or misfeasance unless an indictment is returned. If accusations are included in a grand jury report, the comments may be expunged upon the motion of the individual or on motion of the court.(b) Return of Indictment. When an indictment is found, it must be endorsed "A True Bill," shall be signed by the foreperson, and may be signed by one of the prosecuting attorneys.(c) Presentment of Indictments and Grand Jury Reports. All indictments and grand jury reports must be presented to the clerk of the circuit court by the foreperson or the foreperson's designee, must be endorsed with the foreperson's name, and must be accompanied by the foreperson's affidavit that all indictments were concurred in by twelve (12) or more members of the grand jury and that at least fifteen (15) grand jurors were present during all deliberations. Indictments and grand jury reports must be marked "filed," and such entries must be dated and signed by the clerk. Unless the party indicted is in custody or on bond or recognizance, entry of the indictment shall be by number only, and no publicity may be given to the existence of the indictment. An arrest warrant (capias) for the person indicted shall immediately issue and be served. After the arrest of the person indicted, and before arraignment, a copy of the indictment shall be served on such person.(d) Notice of Indictment. If the defendant has previously been released on bond or recognizance, or had an initial appearance under Rule 5.2, the court or the circuit clerk may notify the defendant, defendant's counsel, and/or defendant's bondsperson of the indictment in lieu of arrest.(e) Failure to Return an Indictment. If the grand jury fails to return an indictment on a charge presented to it, the foreperson shall promptly so report to the court in writing. Unless the court shall order otherwise, the defendant: (1) if held in custody, shall be released forthwith; or(2) if previously conditionally released, shall be relieved of any obligation made in connection with such conditional release, along with the surety.Comment
Rule 13.6(a) preserves former Rule 7.03 of the Uniform Rules of Circuit and County Court. See also Miss. Code Ann. § 99-7-11. Rule 13.6(c) largely embodies the statutory requirements contained in Mississippi Code Section 99-7-9.