Indiana Code

Ind. Code § 35-34-2-4 (2026)

Conduct of proceedings

✓ current as of May 2026

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Sec. 4. (a) The proceedings of a grand jury are not valid unless at least five (5) of its members are present.

(b) The foreman shall administer an oath to any witness appearing before the grand jury.

(c) The prosecuting attorney, his staff and any witness the prosecuting attorney or the grand jury requests to be present may be present at any time during grand jury proceedings, except as provided in subsection (h).

(d) The grand jury may request assistance from a clerk, or other public servant, authorized by the court to assist the grand jury in the administrative conduct of its proceedings. Such a clerk or other public servant may be present during any grand jury proceedings, except as specified in subsection (h).

(e) The person recording the proceedings may be present during the proceedings except as specified in subsection (h).

(f) The grand jury may request the court to provide an interpreter to assist the grand jury in understanding the testimony of any witness, and the court shall provide an interpreter when requested. Before assuming his duties with the grand jury, an interpreter shall take an oath before the grand jury that he will faithfully interpret all testimony of the witness and that he will keep secret all matters before the grand jury that are within his knowledge. He may be present as requested by the grand jury, except as set out in subsection (h).

(g) When a person held in official custody is a witness before the grand jury, a public servant assigned to guard him may accompany him in the grand jury room. However, before entering the grand jury room for that purpose, the public servant shall take an oath before the grand jury that he will keep secret all matters before the grand jury that are within his knowledge.

(h) During the deliberations and voting of the grand jury, only the grand jurors may be present in the grand jury room.

(i) Grand jury proceedings shall be secret, and no person present during a grand jury proceeding may, except in the lawful discharge of his duties or upon written order of the court impaneling the grand jury or the court trying the case on indictment presented by the grand jury, disclose:

(1) the nature or substance of any grand jury testimony; or

(2) any decision, result, or other matter attending the grand jury proceeding.

However, any court may require any person present during a proceeding to disclose the testimony of a witness as direct evidence in a prosecution for perjury.

(j) The grand jury shall be the exclusive judge of the facts with respect to any matter before it.

(k) The court and the prosecuting attorney shall be the legal advisors of the grand jury, and the grand jury may not seek or receive legal advice from any other source.

(l) The grand jury may not, without court permission, exercise any of its functions in any place other than that designated by the court.

As added by Acts 1981, P.L.298, SEC.3.

Notes of Decisions

Cited in 8 cases, 1997–2020 · leading case: Loren Hamilton Fry v. State of Indiana, 990 N.E.2d 429 (Ind. 2013).

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Loren Hamilton Fry v. State of Indiana, 990 N.E.2d 429 (Ind. 2013). · cites it 6× “Ind. Code § 35-34-2-4 (e), -2(i); cf. Konigsberg, 164 A.”

Ajabu v. State, 677 N.E.2d 1035 (Ind. Ct. App. 1997). · cites it 2× “Indiana Code § 35-34-2-4(j) provides that “the grand jury shall be the exclusive judge of the facts with respect to any matter before it.”

Oman v. State, 737 N.E.2d 1131 (Ind. 2000). · cites it 2× “[11] Furthermore, indirect judicial oversight is an inherent part of all grand jury proceedings, which by their nature are secretive: this arrangement militates against the possible prejudicial impact of testimonial or physical evidence improperly gathered by a prosecutor during…”

Hinojosa v. State, 781 N.E.2d 677 (Ind. 2003). · cites it 2× “See Brief of Appellant at 9. As such, we are called upon to interpret the meaning the legislature intended for "particularized need.”

Howell v. State, 859 N.E.2d 677 (Ind. Ct. App. 2006). · cites it 2× “Ind. Code § 35-34-2-4 (i); Hinojosa v. State, 781 N.”

Hinojosa v. State, 752 N.E.2d 107 (Ind. Ct. App. 2001). · cites it 4× “See Ind. Code § 35-34-2-4 (i). First, if preindictment proceedings were made public, many prospective witnesses would be hesitant to come forward voluntarily, knowing that those against whom they testify would be aware of that testimony.”

Daniel Brewington v. Dearborn Superior Court II, Judge Sally McLaughlin, Judge Brian Hill, Court Reporter Barbara Ruwe (mem. dec.) (Ind. Ct. App. 2020). “Indiana Code 35-34-2-4(i) provides that grand- jury proceedings are secret and generally should not be disclosed: Grand jury proceedings shall be secret, and no person present during a grand jury proceeding may, except in the lawful discharge of his duties or upon written order…”

James A. Wurster, Samuel R. Turpin, Willis R. Conner v. State of Indiana (Ind. 1999). “§ 35-34-2-4(j). Although the statute is ambiguous on the point of whether grand jurors must be permitted to ask questions directly of witnesses, our decisional law has recognized the importance of allowing questioning for at least a century.”

— Ind. Code § 35-34-2-4(i) — 3 cases

Oman v. State, 737 N.E.2d 1131 (Ind. 2000). “[11] Furthermore, indirect judicial oversight is an inherent part of all grand jury proceedings, which by their nature are secretive: this arrangement militates against the possible prejudicial impact of testimonial or physical evidence improperly gathered by a prosecutor during…”

Hinojosa v. State, 752 N.E.2d 107 (Ind. Ct. App. 2001). “See Ind. Code § 35-34-2-4 (i). First, if preindictment proceedings were made public, many prospective witnesses would be hesitant to come forward voluntarily, knowing that those against whom they testify would be aware of that testimony.”

— Ind. Code § 35-34-2-4(j) — 2 cases

Ajabu v. State, 677 N.E.2d 1035 (Ind. Ct. App. 1997). “Indiana Code § 35-34-2-4(j) provides that “the grand jury shall be the exclusive judge of the facts with respect to any matter before it.”

— Ind. Code § 35-34-2-4(k) — 1 case

Loren Hamilton Fry v. State of Indiana, 990 N.E.2d 429 (Ind. 2013). “Ind. Code § 35-34-2-4 (e), -2(i); cf. Konigsberg, 164 A.”

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