Miss. R. Crim. P. 13.6

(a) Number of Grand Jurors Necessary to Indict; Grand Jury Not To Do

Certain Things. A grand jury has the power to indict any person upon

affirmative vote of twelve (12) or more grand jurors. The grand jury report

should not accuse any person by name of an offense, malfeasance, or

misfeasance unless an indictment is returned. If accusations are included in a

grand jury report, the comments may be expunged upon the motion of the

individual or on motion of the court.

(b) Return of Indictment. When an indictment is found, it must be endorsed

“A True Bill,” shall be signed by the foreperson, and may be signed by one of

the prosecuting attorneys.

(c) Presentment of Indictments and Grand Jury Reports. All indictments

and grand jury reports must be presented to the clerk of the circuit court by the

foreperson or the foreperson’s designee, must be endorsed with the foreperson’s

name, and must be accompanied by the foreperson’s affidavit that all

indictments were concurred in by twelve (12) or more members of the grand

jury and that at least fifteen (15) grand jurors were present during all

deliberations. Indictments and grand jury reports must be marked “filed,” and

such entries must be dated and signed by the clerk. Unless the party indicted is

in custody or on bond or recognizance, entry of the indictment shall be by

number only, and no publicity may be given to the existence of the indictment.

An arrest warrant (capias) for the person indicted shall immediately issue and

be served. After the arrest of the person indicted, and before arraignment, a

copy of the indictment shall be served on such person.

(d) Notice of Indictment. If the defendant has previously been released on

bond or recognizance, or had an initial appearance under Rule 5.2, the court or

the circuit clerk may notify the defendant, defendant’s counsel, and/or

defendant’s bondsperson of the indictment in lieu of arrest.

(e) Failure to Return an Indictment. If the grand jury fails to return an

indictment on a charge presented to it, the foreperson shall promptly so report

to the court in writing. Unless the court shall order otherwise, the defendant:

(1) if held in custody, shall be released forthwith; or

(2) if previously conditionally released, shall be relieved of any

obligation made in connection with such conditional release, along

with the surety.