MS · rules
Miss. R. Crim. P. 13.5
Persons Authorized to be Present During Sessions of the Grand Jury; Grand Jury Secrecy
(a) Persons Authorized to be Present. No person other than the grand jurors,
the witness under examination, prosecutors authorized to present evidence, and
the interpreter, if any, shall be present during sessions of the grand jury. No
person other than the grand jurors shall be present during their deliberation and
voting.
(b) Grand Jury Secrecy.
(1) Generally. A grand juror, except when called as a witness in court, shall
keep secret the proceedings and actions taken in reference to matters brought
before the grand jury for six (6) months after final adjournment of the grand
jury, and the name and testimony of any witness appearing before the grand jury
shall be kept secret.
(2) Announcements Concerning Deliberations Prohibited. No attorney general,
district attorney, county attorney, other prosecuting attorney, or other officer of
the court shall announce to any unauthorized person what the grand jury will
consider in its deliberations. If such information is disclosed, the disclosing
person may be found in contempt of court punishable by fine or imprisonment.
(3) Disclosure of Indictments Prohibited. No grand juror, witness, attorney
general, district attorney, county attorney, other prosecuting attorney, clerk,
sheriff or other officer of the court shall disclose to any unauthorized person that
an indictment is being found or returned into court against a defendant or
disclose any action or proceeding in relation to the indictment before the finding
of an indictment, within six (6) months thereafter, or before the defendant is
arrested or gives bail or recognizance.
History
Comment: Rule 13.5(b) preserves former Rule 7.04 of the Uniform Rules of Circuit and County Court and Mississippi Code Section 13-5-61. Rule 13.5(b)(2) authorizes the court to employ its contempt powers pursuant to Rule 32.3 to punish unauthorized disclosure of grand jury deliberations. See Miss. Code Ann. § 13-5-61. Rule 13.5(b)(3) does not preclude a prosecutor from informing a victim on the status of a charge, pursuant to Mississippi Code Section 99-7-9.
Provenance
- Source
- courts.ms.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
c642acd6949b46ddbbd15882d352dd074c15a834885b15264ae5e11f92a558df
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