FRCP 6(e): Grand Jury Information

          

(a) Summoning a Grand Jury.

(1) In General.

When the public interest so requires, the court must order that one or
more grand juries be summoned. A grand jury must have 16 to 23 members,
and 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) Objection to the Grand Jury or to a Grand Juror.

(1) Challenges.

Either the government 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 of legal qualification,
unless the court has previously ruled on the same objection under Rule
6(b)(1). The motion to dismiss is governed by 28 U.S.C. § 1867(e). The
court must 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:
attorneys for the government, the witness being questioned, 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.
But the validity of a prosecution is not affected by the unintentional
failure to make a recording. Unless the court orders otherwise, an
attorney for the government 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:

(i) a grand juror;

(ii) an interpreter;

(iii) a court reporter;

(iv) an operator of a recording device;

(v) a person who transcribes recorded testimony;

(vi) an attorney for the government; or

(vii) a person to whom disclosure is made under Rule 6(e)(3)(A)(ii) or
(iii).

(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 to:

(i) an attorney for the government for use in performing that attorney’s
duty;

(ii) any government personnel—including those of a state or state
subdivision, Indian tribe, or foreign government—that an attorney for
the government considers necessary to assist in performing that
attorney’s duty to enforce federal criminal law; or

(iii) a person authorized by 18 U.S.C. § 3322.

(B) A person to whom information is disclosed under Rule 6(e)(3)(A)(ii)
may use that information only to assist an attorney for the government
in performing that attorney’s duty to enforce federal criminal law. An
attorney for the government 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) An attorney for the government may disclose any grand-jury matter to
another federal grand jury.

(D) An attorney for the government may disclose any grand-jury matter
involving foreign intelligence, counterintelligence (as defined in 50
U.S.C. § 401a), or foreign intelligence information (as defined in Rule
6(e)(3)(D)(iii)) to any federal law enforcement, intelligence,
protective, immigration, national defense, or national security official
to assist the official receiving the information in the performance of
that official’s duties. An attorney for the government may also disclose
any grand-jury matter involving, within the United States or elsewhere,
a threat of attack or other grave hostile acts of a foreign power or its
agent, a threat of domestic or international sabotage or terrorism, or
clandestine intelligence gathering activities by an intelligence service
or network of a foreign power or by its agent, to any appropriate
federal, state, state subdivision, Indian tribal, or foreign government
official, for the purpose of preventing or responding to such threat or
activities.

(i) Any official who receives information under Rule 6(e)(3)(D) may use
the information only as necessary in the conduct of that person’s
official duties subject to any limitations on the unauthorized
disclosure of such information. Any state, state subdivision, Indian
tribal, or foreign government official who receives information under
Rule 6(e)(3)(D) may use the information only in a manner consistent with
such guidelines as the Attorney General and the Director of National
Intelligence shall jointly issue.

(ii) Within a reasonable time after disclosure is made under Rule
6(e)(3)(D), an attorney for the government must file, under seal, a
notice with the court in the district where the grand jury convened
stating that such information was disclosed and the departments,
agencies, or entities to which the disclosure was made.

(iii) As used in Rule 6(e)(3)(D), the term ‘‘foreign intelligence
information’’ means:

(a) information, whether or not it concerns a United States person, that
relates to the ability of the United States to protect against—

• actual or potential attack or other grave hostile acts of a foreign
power or its agent;

• sabotage or international terrorism by a foreign power or its agent;
or

• clandestine intelligence activities by an intelligence service or
network of a foreign power or by its agent; or

(b) information, whether or not it concerns a United States person, with
respect to a foreign power or foreign territory that relates to—

• the national defense or the security of the United States; or

• the conduct of the foreign affairs of the United States.

(E) 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:

(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 the government, when sought by a foreign court
or prosecutor for use in an official criminal investigation;

(iv) at the request of the government if it shows that the matter may
disclose a violation of state or Indian tribal criminal law, as long as
the disclosure is to an appropriate state, state-subdivision, or Indian
tribal official for the purpose of enforcing that law; or

(v) at the request of the government if it shows 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.

(F) A petition to disclose a grand-jury matter under Rule 6(e)(3)(E)(i)
must be filed in the district where the grand jury convened. Unless the
hearing is ex parte—as it may be when the government 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) an attorney for the government;

(ii) the parties to the judicial proceeding; and

(iii) any other person whom the court may designate.

(G) If the petition to disclose arises out of a judicial proceeding in
another district, 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)(F) a reasonable opportunity to appear and be
heard.

(4) Sealed Indictment.

The magistrate 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.

(5) 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.

(6) 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, or of guidelines jointly issued by the
Attorney General and the Director of National Intelligence pursuant to
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. The grand
jury—or its foreperson or deputy foreperson—must return the indictment
to a magistrate judge in open court. If a complaint or information is
pending against the defendant and 12 jurors do not concur in the
indictment, the foreperson must promptly and in writing report the lack
of concurrence to the magistrate judge.

(g) Discharging the Grand Jury.

A grand jury must serve until the court discharges it, but it may serve
more than 18 months only if the court, having determined that an
extension is in the public interest, extends the grand jury’s service.
An extension may be granted for no more than 6 months, except as
otherwise provided by statute.

(h) Excusing a Juror.

At any time, for good cause, the court may excuse a juror either
temporarily or permanently, and if permanently, the court may impanel an
alternate juror in place of the excused juror.

(i) "Indian Tribe" Defined.

‘‘Indian tribe’’ means an Indian tribe recognized by the Secretary of
the Interior on a list published in the Federal Register under 25 U.S.C.
§ 479a–1.

(As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 24, 1972, eff. Oct.
1, 1972; Apr. 26 and July 8, 1976, eff. Aug. 1, 1976; July 30, 1977,
eff. Oct. 1, 1977; Apr. 30, 1979, eff. Aug. 1, 1979; Apr. 28, 1983, eff.
Aug. 1, 1983; Oct. 12, 1984, eff. Nov. 1, 1987; Apr. 29, 1985, eff. Aug.
1, 1985; Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1,
1993; Apr. 26, 1999, eff. Dec. 1, 1999; Oct. 26, 2001; Apr. 29, 2002,
eff. Dec. 1, 2002; Nov. 25, 2002.)