77-10a-10. Charge of grand jury -- Rights and duties.
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77-10a-10. Charge of grand jury -- Rights and duties.
Upon impanelment of each grand jury, the judge managing the grand jury shall charge the grand jury and inform it of:
(1)its duty to inquire into offenses against the criminal laws alleged to have been committed within the jurisdiction;
(2)its independent right to call and interrogate witnesses;
(3)its right to request the production of documents or other evidence, including exculpatory evidence;
(4)the necessity of finding credible evidence of each material element of any crime charged before returning an indictment;
(5)the need to be satisfied that clear and convincing evidence exists that tends to show that a crime was committed by the person or persons accused before returning an indictment;
(6)its right to have the prosecutor present it with draft indictments for less serious charges than those originally requested by the prosecutor;
(7)the obligation of secrecy; and
(8)other duties and rights as the court finds advisable.
Enacted by Chapter 318 , 1990 General Session