77-10a-14. Concurrence for indictment -- Proof -- Validity -- Disclosure.
(1) An indictment may be found only upon the concurrence of at least three-fourths, or
the next highest whole number, of the grand jurors.
(2) An indictment may not be found unless the grand jurors who vote in favor of the
indictment find there is clear and convincing evidence to believe the crime to be charged was
committed and the person to be indicted committed it. An indictment may not be returned solely
on the basis of incompetent hearsay.
(3) To be valid, the indictment shall be signed by the foreman and the attorney for the
state or special prosecutor and returned to the managing judge in open court. The clerk of the
managing court shall file the indictment upon receipt.
(4) To be valid, the indictment shall be signed by the foreman and then returned to the
managing judge in open court. The clerk of the managing court shall file the indictment upon
receipt.
(5) (a) The managing judge who takes the return of the indictment may direct that the
indictment be kept secret until the defendant is in custody or has been released pending trial.
(b) The clerk shall then seal the indictment and, except for transferring the indictment to
the appropriate court for trial as provided by this chapter, may not permit any person to disclose
the return of the indictment except when necessary for the issuance and execution of a warrant or
summons.
Enacted by Chapter 318, 1990 General Session
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Last revised: Thursday, May 28, 2009