Every grand jury impaneled before any district court shall consist of not less than sixteen nor more than twenty-three persons. If less than sixteen of the persons summoned attend, they shall be placed on the grand jury, and the court shall order the marshal to summon, either immediately or for a day fixed, from the body of the district, and not from the bystanders, a sufficient number of persons to complete the grand jury. Whenever a challenge to a grand juror is allowed, and there are not in attendance other jurors sufficient to complete the grand jury, the court shall make a like order to the marshal to summon a sufficient number of persons for that purpose.
Notes of Decisions
In Re Grand Jury Proceedings of John Doe, a Minor v. United States, 842 F.2d 244 (10th Cir. 1988).
· cites it 2× “§ 1826 after Doe refused to testify before the grand jury, impaneled under 18 U.S.C. § 3321 and Fed.R.Crim.P. 6 to inquire into offenses against the criminal laws of the United States alleged to have been committed within the District of Utah.”
In Re Motions of Dow Jones & Co., 142 F.3d 496 (D.C. Cir. 1998).
“No judge presides and none is present. See Sara S. Beale et al. Grand Jury Law and Practice § 4.”
United States of Am. v. Daniel Klubock, 832 F.2d 649 (1st Cir. 1987).
“If district courts can do this, why should not each district court adopt different procedural rules — additional discovery practices, for example, or additional procedural devices, such as demurrers? Clearly the Supreme Court was granted the power to prescribe uniform rules of…”
United States v. Marrapese, 610 F. Supp. 991 (D.R.I. 1985).
“” So long as the number of grand jurors does not shrink to such an extent that the statutory quorum requirement is in jeopardy, see 18 U.S.C. § 3321 ; Fed.R. Crim.P. 6(a), the United States Attorney routinely honors tendered excuses and, insofar as appears of record here, does…”
United States v. Silverman, 129 F. Supp. 496 (D. Conn. 1955).
“§ 1863 , or under Title 18 U.S.C.A. § 3321 , in the event that less than sixteen are available.”
In Re Grand Jury Application, 617 F. Supp. 199 (S.D.N.Y. 1985).
“Title I of the Act contained proposed amendments to 18 U.S.C. § 3321 et seq. concerning grand juries.”
United States v. Am. Oil Co., 249 F. Supp. 130 (D.N.J. 1965).
“” 18 U.S.C. § 3321 provides, in pertinent part: “Every grand jury impaneled before any district court shall consist of not less than sixteen nor more than twenty-three persons.”
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