Cal. Codes » Penal Code / PART 2. OF CRIMINAL PROCEDURE / TITLE 4. GRAND JURY PROCEEDINGS / CHAPTER 2. Formation of Grand Jury / ARTICLE 2. Listing and Selection of Grand Jurors
California Codes

Cal. Penal Code § 896 (2026)

Listing and Selection of Grand Jurors

✓ current as of May 2026
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(a)Immediately after an order is made pursuant to Section 895, the court shall select the grand jurors required by personal interview for the purpose of ascertaining whether they possess the qualifications prescribed by subdivision (a) of Section 893. If a person so interviewed, in the opinion of the court, possesses the necessary qualifications, in order to be listed the person shall sign a statement declaring that the person will be available for jury service for the number of hours usually required of a member of the grand jury in that county.

(b)The selections shall be made of men and women who are not exempt from serving and who are suitable and competent to serve as grand jurors pursuant to Sections 893, 898, and 899. The court shall list the persons so selected and required by the order to serve as grand jurors during the ensuing fiscal year of the county, or until a new list of grand jurors is provided, and shall at once place this list in the possession of the jury commissioner.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1894–2023 · leading case: Quadra v. Superior Court of City & Cty. of San Francisco, 378 F. Supp. 605 (N.D. Cal. 1974).
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Quadra v. Superior Court of City & Cty. of San Francisco, 378 F. Supp. 605 (N.D. Cal. 1974). · cites it 2× “Cal. Penal Code § 896 (a). The court must then “list the persons so selected and required by the order to serve as grand jurors during the ensuing year, or until a new list of grand jurors is provided, and shall at once place this list in the possession of the county clerk.”
People v. Superior Court (Dean), 38 Cal. App. 3d 966 (Cal. Ct. App. 1974). “(Pen. Code, §§ 896, 903-903.4.) Aside from section 899, calling for a geographic spread, the Penal Code supplies no assurance of a panel comprising a cross-section of the county population.”
Kitts v. Superior Court, 90 P. 977 (Cal. Ct. App. 1907). “’ Penal Code, section 896, provides for a challenge to an individual grand juror for six specific grounds only.”
United States v. Clune, 62 F. 798 (S.D. Cal. 1894). “” Pen. Code, § 896. • And by section 995 of the same Code, it is provided as follows: “The indictment or information must be set aside by the court in which the defendant is arraigned, upon his motion in either of the following cases.”
Untitled California Attorney Gen. Opinion (Cal. Att'y Gen. 2023). “730 (Legislature vested superior court with responsibility for selecting grand jurors); Pen. Code, § 896 et seq. (selection procedures).”
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