Finding and return of presentment or indictment; effect of failure to indict.
1. A presentment or indictment may be found only upon the concurrence of 12 or more jurors.
2. The jurors shall vote separately on each person and each count included in a presentment or indictment.
3. The presentment or indictment must be returned by the grand jury to a judge in open court or, in the absence of the judge, to the clerk of the court in open court, who shall determine that 12 or more jurors concurred in finding a presentment or indictment. If the defendant has been held to answer and 12 jurors do not concur in finding a presentment or indictment, the foreman shall so report to the court in writing forthwith.
4. The failure to indict does not prevent the same charge from being again submitted to a grand jury if resubmission is approved by the court.
Last modified: February 25, 2006