(a) Summoning Grand Juries.(1)In General. On the request of a prosecuting attorney, or the Governor, the Presiding Judge of a superior court, or another judge assigned to that unit ofthe superior court must order the clerk of the unit to draw a grand jury to be summoned to appear at any special or stated term of that court. The clerk must issue a venire accordingly. The grand jury must have eighteen to twenty-three members, who must be residents of the unit. The court must order that enough legally qualified persons be summoned to meet this requirement.(2)Alternate Jurors. When a grand jury is selected, the court may also select alternate jurors. Alternate jurors must have the same qualifications and be selected in the same manner as any other juror. Alternate jurors replace jurors in the same sequence in which the alternates were selected. An alternate juror who replaces a juror is subject to the same challenges, takes the same oath, and has the same authority as the other jurors.(b) Objections to Grand Jury and to Grand Jurors.(1)Challenges. The prosecuting attorney or a defendant may challenge the grand jury on the ground that it was not lawfully drawn, summoned, or selected, and may challenge an individual juror on the ground that the juror is not legally qualified.(2)Motion to Dismiss an Indictment. A party may move to dismiss the indictment based on an objection to the grand jury or on an individual juror's lack oflegal qualification, unless the court has previously ruled on the same objection under Rule 6(b)(l). The court may not dismiss the indictment on the ground that a grand juror was not legally qualified if the record shows that at least 12 qualified jurors concurred in the indictment.(c) Foreperson and Deputy Foreperson. The court will appoint one juror as the foreperson and another as the deputy foreperson. In the foreperson's absence, the deputy foreperson will act as the foreperson. The foreperson may administer oaths and affirmations and will sign all indictments. The foreperson--or another juror designated by the foreperson--will record the number of jurors concurring in every indictment and will file the record with the clerk, but the record may not be made public unless the court so orders.(d) Who May Be Present.(1)While the Grand Jury Is in Session. The following persons may be present while the grand jury is in session: The prosecuting attorney, the witness being questioned, a court security officer if the particular case circumstances should so require, interpreters when needed, and a court reporter or an operator of a recording device. (2)During Deliberations and Voting. No person other than the jurors, and any interpreter needed to assist a hearing-impaired or speech-impaired juror, may be present while the grand jury is deliberating or voting. (e) Recording and Disclosing the Proceedings. (1)Recording the Proceedings. Except while the grand jury is deliberating or voting, all proceedings must be recorded by a court reporter or by a suitable recording device. The persons taking the testimony must make oath that they will keep secret all matters and things coming before the grand jury before entering upon their duties. The validity of a prosecution is not affected by the unintentional failure to make a recording. Unless the court orders otherwise, the prosecuting attorney will retain control of the recording, the reporter's notes, and any transcript prepared from those notes. (2)Secrecy. (A) No obligation of secrecy may be imposed on any person except in accordance with Rule 6(e)(2)(B).(B) Unless these rules provide otherwise, the following persons must not disclose a matter occurring before the grand jury: (iv) an operator of a recording device; (v) a person who transcribes recorded testimony; (vi) the prosecuting attorney; (vii) a court security officer, if case circumstances have required one; or(viii) a person to whom disclosure is made under Rule 6(e)(3)(A)(ii).(3)Exceptions. (A) Disclosure of a grand-jury matter--other than the grand jury's deliberations or any grand juror's vote--may be made: (i) to another prosecuting attorney for use in performing that attorney's duty to enforce the state's criminal laws, and such staff members assigned to that attorney and necessary to the performance of that attorney's duty; (ii) to any government personnel--including those of a state, state subdivision, federal government, Indian tribe, or foreign government--that the prosecuting attorney considers necessary to assist in performing that attorney's duty to enforce the state's criminal laws; or (iii) pursuant to V.R.Cr.P. 16(a)(2). (B) A person to whom information is disclosed under Rule 6(e)(3)(A)(ii) may use that information only to assist a prosecuting attorney in performing that attorney's duty to enforce the state's criminal laws. The prosecuting attorney must promptly provide the court that impaneled the grand jury with the names of all persons to whom a disclosure has been made, and must certify that the attorney has advised those persons of their obligation of secrecy under this rule.(C) The prosecuting attorney may disclose any grand:-jury matter to another grand jury convened under the provisions of this rule. (D) The court may authorize disclosure--at a time, in a manner, and subject to any other conditions that it directs--of a grand-jury matter, including a transcript of proceedings: (i) preliminarily to or in connection with a judicial proceeding;(ii) at the request of a defendant who shows that a ground may exist to dismiss the indictment because of a matter that occurred before the grand jury; (iii) at the request of a prosecuting attorney, when sought by an appropriate official of another jurisdiction, including the federal government, for the purpose of enforcing the criminal laws of another jurisdiction, upon a showing that such disclosure may constitute evidence of a violation of the criminal laws of that other jurisdiction; or(iv) at the request of the prosecuting attorney upon a showing that the matter may disclose a violation of military criminal law under the Uniform Code of Military Justice, as long as the disclosure is to an appropriate military official for the purpose of enforcing that law. (E) A petition to disclose a grand-jury matter under Rule 6(e)(3)(D)(i) must be filed in the unit where the grand jury convened. Unless the hearing is ex parte--as it may be when the prosecuting attorney is the petitioner--the petitioner must serve the petition on, and the court must afford a reasonable opportunity to appear and be heard to: (i) the prosecuting attorney; (ii) the parties to the judicial proceeding; and(iii) any other person whom the court may designate. (F) If the petition to disclose arises out of a judicial proceeding in another unit, the petitioned court must transfer the petition to the other court unless the petitioned court can reasonably determine whether disclosure is proper. If the petitioned court decides to transfer, it must send to the transferee court the material sought to be disclosed, if feasible, and a written evaluation of the need for continued grand-jury secrecy. The transferee court must afford those persons identified in Rule 6(e)(3)(E) a reasonable opportunity to appear and be heard.(5)Sealed Indictment. The judge to whom an indictment is returned may direct that the indictment be kept secret until the defendant is in custody or has been released pending trial. The clerk must then seal the indictment, and no person may disclose the indictment's existence except as necessary to issue or execute a warrant or summons.(6)Closed Hearing. Subject to any right to an open hearing in a contempt proceeding, the court must close any hearing to the extent necessary to prevent disclosure of a matter occurring before a grand jury. ® Sealed Records. Records, orders, and subpoenas relating to grand-jury proceedings must be kept under seal to the extent and as long as necessary to prevent the unauthorized disclosure of a matter occurring before a grand jury. (7)Contempt. A knowing violation of Rule 6 may be punished as a contempt of court.(f) Indictment and Return. A grand jury may indict only if at least 12 jurors concur. When the grand jury finds an indictment supported by good and sufficient evidence, the foreperson or deputy foreperson must write thereon "a true bill"; and the indictment must be returned by the grand jury to a judge in open court, unless the indictment has been sealed by the court. When the grand jury does not find an indictment so supported, the foreperson or deputy foreperson must write thereon "this bill not found". If the defendant is in custody or has been released under Rule 46 and 12 jurors do not concur in finding an indictment, the foreperson or deputy foreperson must promptly and in writing report the lack of concurrence to the court and the defendant must be discharged. In the event that an indictment is not returned, any stenographic notes and electronic backup, if any, of an official court reporter or tape or digital record of an electronic sound recording and any written record of information necessary for an accurate transcription prepared by the operator and any transcriptions of such notes, tape or digital record must be kept by the prosecuting attorney consistent with the provisions ofthis rule, unless the court orders otherwise.(g) Discharge and Excuse. No grand jury will serve more than six months unless the time is extended by the Presiding Judge. At any time for cause the Presiding Judge may excuse a juror either temporarily or permanently, and in the latter event the court may impanel an alternate juror in place of the juror excused. Amended Dec. 19, 1973, eff. 1/1/1974;Dec. 11, 2014, eff. 2/13/2015.