Ind. Elkhart Cnty. Local Rule LR20-AR1-303

303.1. Grand Jury Proceedings and Indictments

303.1.1. Convening a Grand Jury

The Circuit Court shall call and conduct all Grand Jury proceedings.

303.1.2. Docketing Grand Jury Proceedings

Each newly impaneled grand jury shall be assigned a case number on the miscellaneous criminal docket.

All pre-indictment motions, orders and other filings pertaining to matters before that grand jury shall bear

that case number and shall be maintained by the Clerk under seal if ordered by the Court.

303.1.3. Pre-indictment Challenges to Subpoenas or Proceedings

All pre-indictment challenges to grand jury subpoenas or grand jury proceedings shall be made in writing

and filed with the clerk and shall recite all pertinent facts including the grand jury number, the date of

service of the subpoena, the appearance or production date of the subpoena, and the law. Motions to

quash or limit a grand jury subpoena shall be filed and served upon the Prosecuting Attorney no later than

seven (7) days prior to the appearance or production date unless good cause exists for a later filing. Upon

the filing of any motion to quash or limit a grand jury subpoena, the court will endeavor to rule upon the

motion on or prior to the return date of the subpoena.

303.1.4. Persons Authorized to Appear before Grand Jury

No person shall be present in the hall adjacent to the area or rooms utilized by a grand jury in the process

of performing its function. In addition, while a grand jury is in the process of performing its function, no

person shall remain in an area in which persons who are appearing before the grand jury can be monitored

or observed. This rule shall not apply to grand jurors; witnesses; prosecuting attorneys, law enforcement

officers, and employees; court personnel concerned with grand jury proceedings; private attorneys whose

clients have been called to appear as a witness at a session of the grand jury then in progress or about to

commence; and others specifically authorized to be present at the grand jury proceedings.

303.1.5. Assignment of Grand Jury Indictments

Indictments issued by the Grand Jury shall be filed in the Elkhart Circuit Court.