Ind. Code » Title 35
Indiana Code

Ind. Code § 35-34-2-2 (2026)

Number; impaneling; scope of function and authority; convening

✓ current as of May 2026
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     Sec. 2. (a) A grand jury shall consist of six (6) grand jurors and one (1) alternate and may be impaneled by the circuit court or a superior court with criminal jurisdiction. A grand jury shall hear and examine evidence concerning crimes and shall take action with respect to this evidence as provided by law.

     (b) The court shall call the grand jury into session at the request of the prosecuting attorney. The court may also convene the grand jury without a request from the prosecuting attorney. The grand jury shall be convened by the judge issuing an order requiring the jury to meet at a time specified.

     (c) A grand jury may not remain in session for more than six (6) months.

     (d) An alternate impaneled under this section shall appear and hear all evidence presented to the grand jury but may not comment, deliberate, or vote unless there is not a quorum of grand jurors for a particular session.

As added by Acts 1981, P.L.298, SEC.3. Amended by Acts 1982, P.L.204, SEC.23; P.L.4-1998, SEC.12.

 

Notes of Decisions
Cited in 2 cases, 1997–1999 · leading case: Holvoet v. State, 689 N.E.2d 469 (Ind. Ct. App. 1997).
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Holvoet v. State, 689 N.E.2d 469 (Ind. Ct. App. 1997). · cites it 4× “The Holvoets raise the following dispositive issue: Whether the protective order prohibits them from discovering facts relevant to an action to convene the grand jury pursuant to Indiana Code section 35-34-2-2? FACTS The Holvoets’ daughter was killed on August 25,1990, at an…”
James A. Wurster, Samuel R. Turpin, Willis R. Conner v. State of Indiana (Ind. 1999). “Code § 35-34-2-2(a) (1998). No statutory provision specifically addresses the ability of grand jurors personally to question witnesses called before them.”
Ind. Code § 35-34-2-2(a): 1 case
James A. Wurster, Samuel R. Turpin, Willis R. Conner v. State of Indiana (Ind. 1999). “Code § 35-34-2-2(a) (1998). No statutory provision specifically addresses the ability of grand jurors personally to question witnesses called before them.”
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