Minn. Stat. » CHAPTER 628. ACCUSATION; CHARGING INSTRUMENTS
Minnesota Statutes

Minn. Stat. § 628.63 (2026)

Grand Jury; Who May Be Present; County Attorney To Attend; Duties

✓ current as of May 2026
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The grand jury may at all reasonable times ask the advice of the court, or of the county attorney, and the county attorney shall attend it for the purpose of framing indictments or examining witnesses in its presence.

The persons specified in rule 18.03 of the Rules of Criminal Procedure may, subject to the conditions specified in that rule, be present before the grand jury when it is in session, but no person other than the jurors may be present while the grand jury is deliberating or voting.

Notes of Decisions
Cited in 7 cases, 1957–2008 · leading case: State v. Clark, 755 N.W.2d 241 (Minn. 2008).
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State v. Clark, 755 N.W.2d 241 (Minn. 2008). · cites it 14× “We first address Clark's argument that his conviction should be reversed and the indictment should be dismissed under Minn.Stat. § 628.63 (2006). Clark argues that the statute provides that only an elected county attorney may appear before a grand jury and frame the indictment.”
State v. Johnson, 441 N.W.2d 460 (Minn. 1989). · cites it 4× “See Minn.Stat. § 628.63; Minn.R.Crim.P. 17.06, subd.”
State v. Inthavong, 402 N.W.2d 799 (Minn. 1987). · cites it 2× “1(d) ("The county attorney shall * * * (d) Attend before the grand jury, give them legal advice * * * Minn.Stat. § 628.63 (1986) (“The grand jury may at all reasonable times ask the advice of the court, or of the county attorney * * * ”).”
Dwire v. State, 381 N.W.2d 871 (Minn. Ct. App. 1986). · cites it 4× “Minn.Stat. § 628.63 (1984) provides, in part: The persons specified in Rule 18.”
State v. Mastrian, 171 N.W.2d 695 (Minn. 1969). “4 § 628.63. 5 If defendant believed that any witness gave testimony before the grand jury which was inconsistent with his testimony at trial, § 628.”
State v. Perra, 125 N.W.2d 44 (Minn. 1963). · cites it 2× “67 relating to grand juries; “(2) When the names of the witnesses examined before the grand jury are not inserted at the foot of the indictment or endorsed thereon; “(3) When a person shall have been permitted to be present at the ses *557 sion of the grand jury while the charge…”
State v. Connelly, 82 N.W.2d 489 (Minn. 1957). “27 renumbered as § 628.63 provides that the grand jury may ask advice of the county attorney and that he may attend to frame indictments or examine witnesses.”
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