OUJI-CR 12-2

GRAND JURY -- GENERAL PROCEDURE

The Court will appoint one of you as a foreperson to preside at all sessions of the grand jury.

A grand jury consists of twelve (12) persons. In addition to the twelve (12) grand jurors impaneled, three (3) additional persons have been selected as alternate grand jurors. The alternate grand jurors shall attend all sessions of the grand jury during its term and shall be subject to all laws governing grand jurors. However, no alternate grand juror shall participate in any deliberations of the grand jury until appointed by me to fill a vacancy.

When you retire to the jury room, you will first appoint one of you as clerk. It is the duty of the clerk to take minutes of your proceedings (except the votes of the individual members), record the names and addresses of witnesses who testify, and make an abstract of their testimony, and if an indictment is found, to show that at least nine (9) jurors, without naming them, voted a true bill.

The foreperson shall administer the following oath to any witness appearing before the grand jury:

Do you solemnly swear to tell the truth, the whole truth and nothing but the truth, so help you God?

The Court has appointed [Name of Court Reporter], who is a qualified court reporter, to be present and take the testimony of all witnesses. The Court has also appointed a bailiff, [Name of Bailiff], to assist you as needed.

The attorney(s) for the State may appear before you to give information or advice concerning any matter before you and to examine the witnesses who may be called by you.

You may at all times ask the advice of the Court or the attorney(s) for the State. If you wish to communicate with the Court, you must return as a body into open court. No one can advise you, though, whether the evidence in a matter under investigation is sufficient or insufficient to return a true bill; this is a matter for your determination alone.

The attorney(s) for the State will issue subpoenas and other process to enforce the attendance of witnesses, and will draw up indictments and accusations when requested by the grand jury.

_____________________________

Statutory Authority: 22 O.S. 1991, §§ 311, 325-340.