Handbook 

for

Federal

Grand

Jurors
Prepared for the use of grand jurors serving 

in the United States district courts under the 

supervision of the Judicial Conference of the 

United States. Published by the Administrative 

Office of the United States Courts, Washington, 

D.C. 20544. www.uscourts.gov
CONTENTS

PURPOSE OF THIS HANDBOOK........................ 1

ORIGIN AND HISTORY OF THE GRAND JURY.. 1

NATURE OF THE GRAND JURY .......................... 3

(1) The Grand Jury’s Tasks............................. 4

(2) Investigation............................................ 5

SELECTION OF GRAND JURORS........................ 6

ORGANIZATION, OATH, AND OFFICERS

OF THE FEDERAL GRAND JURY ......................... 6

PROCEDURE ........................................................ 7

(1) Quorum.................................................. 7

(2) Evidence Before the Grand Jury............. 8

(3) Questioning the Witness......................... 8

(4) Calling the Person Being Investigated

 by the Government as a Witness ......... 10 

(5) The Evidence Needed Before a 

 “True Bill” May Be Voted...................... 11

(6) Deliberations ....................................... 11

SECRECY............................................................. 13

PROTECTION OF GRAND JURORS.................. 14

PRACTICAL SUGGESTIONS FOR GRAND 

JURORS .............................................................. 14

GLOSSARY OF TERMS ....................................... 16

1

PURPOSE OF THIS HANDBOOK

 This handbook will acquaint persons who 

have been selected to serve on a federal grand 

jury with the general nature and importance of 

their role as grand jurors. It explains some of the 

terms that grand jurors will encounter during 

their service and offers some suggestions helpful 

to them in performing this important public 

service. It is intended that this handbook will, to 

a degree, repeat and provide a permanent record 

of much of the information presented in the grand 

jury orientation film, The People’s Panel, which 

in most districts is shown to grand jurors at the 

commencement of their service. Grand jurors are 

encouraged to refer to this handbook periodically 

throughout their service to reacquaint themselves 

with their duties and responsibilities.

 This Handbook is designed as an aid only to 

persons serving on a federal—not a state—grand 

jury. The federal grand jury is concerned only with 

federal crimes; it derives its authority from the 

Constitution of the United States, national laws, 

and the rules of the federal courts. There are also 

grand juries impaneled in many of the states, but 

those grand juries investigate only state crimes; 

they derive their authority from the constitutions, 

laws, and rules of court of the states where they 

are impaneled.

ORIGIN AND HISTORY OF THE GRAND JURY

 The grand jury has a long and honorable 

tradition. It was recognized in the Magna Carta, 

the first English constitutional document, which 

King John granted in 1215 at the demand of his 

subjects. The first English grand jury consisted 

of 12 men selected from the knights or other 

freemen, who were summoned to inquire into 
2

crimes alleged to have been committed in their 

local community. Thus, grand jurors originally 

functioned as accusers or witnesses, rather than as 

judges.

 Over the years, the hallmarks of our modern 

grand jury developed in England. For example, 

grand jury proceedings became secret, and 

the grand jury became independent of the 

Crown. As a result, a grand jury is able to vote 

an indictment or refuse to do so, as it deems 

proper, without regard to the recommendations 

of judge, prosecutor, or any other person. This 

independence from the will of the government 

was achieved only after a long hard fight. It can 

best be illustrated by the celebrated English case 

involving the Earl of Shaftasbury, who, in 1681, 

fell under the suspicion of the Crown. Displeased 

with him, the Crown presented to the grand jury 

a proposed bill of indictment for high treason and 

recommended that it be voted and returned. After 

hearing the witnesses, the grand jury voted against 

the bill of indictment and returned it to the King, 

holding that it was not true.

 When the English colonists came to America, 

they brought with them many of the institutions 

of the English legal system, including the grand 

jury. Thus, the English tradition of the grand jury 

was well established in the American colonies 

long before the American Revolution. Indeed, the 

colonists used it as a platform from which to assert 

their independence from the pressures of colonial 

governors. In 1735, for example, the Colonial 

Governor of New York demanded that a grand jury 

indict for libel John Zenger, editor of a newspaper 

called The Weekly Journal, because he had held 

up to scorn certain acts of the Royal Governor. The 

grand jury flatly refused.
3

The grand jury as an institution was so firmly 

established in the traditions of our forebears that 

they included it in the Bill of Rights. The Fifth 

Amendment to the Constitution of the United 

States provides in part that “(n)o person shall be 

held to answer for a capital, or otherwise infamous 

crime, unless on a presentment or indictment of a 

Grand Jury . . . .” Moreover, the grand jury system 

is also recognized in the constitutions of many of 

the states of the Union.

NATURE OF THE GRAND JURY

 The powers and functions of the federal grand 

jury differ from those of the federal trial jury, 

which is called the petit jury. The petit jury listens 

to the evidence offered by the prosecution and 

the defense (if it chooses to offer any) during a 

criminal trial and returns a verdict of guilty or not 

guilty. The grand jury, on the other hand, does not 

determine guilt or innocence, but only whether 

there is probable cause to believe that a crime was 

committed and that a specific person or persons 

committed it. If the grand jury finds that probable 

cause exists against a person suspected of having 

committed the crime, then it will return a written 

statement of the charges called an “indictment.” 

After that, the person will go to trial.

 The grand jury normally hears only that 

evidence presented by a government attorney, 

which tends to show the commission of a crime. 

The government attorney usually is the United 

States Attorney or an Assistant United States 

Attorney in the federal district. The grand jury 

must determine from this evidence, and usually 

without hearing evidence for the defense, whether 

the person being investigated by the government 

should be tried for a serious federal crime, referred 

to in the Bill of Rights as an “infamous crime.” An 
4

infamous crime is one which may be punished by 

imprisonment for more than one year. As a general 

rule, no one can be prosecuted for a serious crime 

unless the grand jury decides that the evidence 

it has heard so requires. In this way, the grand 

jury operates both as a “sword,” authorizing the 

government’s prosecution of suspected criminals, 

and also as a “shield,” protecting citizens from 

unwarranted or inappropriate prosecutions. The 

person being investigated by the government may, 

however, waive grand jury proceedings and agree 

to be prosecuted by a written charge of crime 

called an information.

 The grand jury is not completely free to 

compel a trial of anyone it chooses. The 

government attorney must sign the indictment 

before a party may be prosecuted. Thus, the 

government and the grand jury act as checks on 

each other. This assures that neither may arbitrarily 

wield the awesome power to indict a person of a 

crime.

(1) The Grand Jury’s Tasks

As stated above, the federal grand 

jury’s function is to determine whether 

the person being investigated by the 

government shall be tried for a serious 

federal crime alleged to have been 

committed within the district where 

it sits. Matters may be brought to its 

attention in three ways: (1) by the 

government attorney; (2) by the court that 

impaneled it; and (3) from the personal 

knowledge of a member of the grand jury 

or from matters properly brought to a 

member’s personal attention. In all these 

cases, the grand jury must hear evidence 

before taking action. 
5

After it has received evidence against 

the person being investigated, the grand 

jury must decide whether the evidence 

presented justifies an indictment, or 

“true bill,” which is the formal criminal 

charge returned by the grand jury. Upon 

the indictment’s being filed in court, that 

person must either plead guilty or nolo 

contendere, or stand trial.

If the evidence does not persuade the 

grand jury that there is probable cause 

to believe the person being investigated 

committed a crime, the grand jury will 

vote a “no bill,” or “not a true bill.” 

When this occurs, that person is not 

required to plead to a criminal charge, 

and no trial is required.

(2) Investigation

The major portion of the grand jury’s work 

is concerned with evidence brought to 

its attention by the government attorney. 

The grand jury may consider additional 

matters otherwise brought to its attention, 

but should consult with the government 

attorney or the court before undertaking a 

formal investigation of such matters. This 

is necessary because the grand jury has no 

investigative staff, and legal assistance will 

be necessary in the event an indictment is 

voted.

A federal grand jury can take action 

only on federal crimes that have been 

committed within the district in which 

it has been impaneled. Furthermore, a 

federal grand jury (except a special grand 

jury impaneled under 18 U.S.C. §§ 3331-

3334) is not authorized to investigate 
6

situations involving the conduct of 

individuals, public officials, agencies, or 

institutions that the grand jury believes 

is subject to mere criticism rather than 

a violation of federal criminal statutes. 

Its concern must be solely to ascertain 

whether there is probable cause to believe 

that a federal crime has been committed 

and to report accordingly to the court.

SELECTION OF GRAND JURORS

 Federal law requires that a grand jury be 

selected at random from a fair cross section of 

the community in the district or division in which 

the federal grand jury convenes. Thus, all citizens 

have an equal opportunity and obligation to serve.

 Pursuant to law, the names of prospective 

grand jurors are drawn at random from lists 

of registered voters or lists of actual voters, or 

other sources when necessary, under procedures 

designed to ensure that all groups in the 

community will have a fair chance to serve. Those 

persons whose names have been drawn, and 

who are not exempt or excused from service, are 

summoned to appear for duty as grand jurors. 

When these persons appear before the court, the 

presiding judge may consider any further requests 

to be excused. The judge will then direct the 

selection of 23 qualified persons to become the 

members of the grand jury.

ORGANIZATION, OATH, AND OFFICERS OF 

THE FEDERAL GRAND JURY

 After the proper number of persons have been 

qualified as grand jurors, the court will appoint 

one of them to be the foreperson, or presiding 

officer, of the grand jury. A deputy foreperson will 

also be appointed, so that he or she can act as 
7

presiding officer in the foreperson’s absence.

 The foreperson, the deputy foreperson, and 

the remaining members of the grand jury are 

sworn in by the Clerk of the Court. Those persons 

who do not wish to swear may affirm.

 The oath taken by the grand jurors binds them 

to inquire diligently and objectively into all federal 

crimes committed within the district about which 

they have or may obtain evidence, and to conduct 

such inquiry without malice, fear, ill will, or other 

emotion.

 After the grand jurors have been sworn, 

the presiding judge advises the grand jury of its 

obligations and how best to perform its duties. 

This is called the charge to the grand jury. Careful 

attention must be paid to the charge, for it and any 

additional instructions that may be given by the 

court contain the rules and directions the grand 

jury must follow during its term of service.

 After the grand jury has been charged, it is 

taken to the grand jury room, where it will hear 

testimony and consider documentary evidence 

in the cases brought to its attention by the 

government attorney.

PROCEDURE

(1) Quorum

Sixteen of the 23 members of the 

grand jury constitute a quorum for the 

transaction of business. If fewer than this 

number are present, even for a moment, 

the proceedings of the grand jury must 

stop. This shows how important it is that 

each grand juror conscientiously attend 

the meetings. If an emergency prevents a 

grand juror’s attendance at the meeting, 
8

he or she must promptly advise the grand 

jury foreperson. If the juror’s absence will 

prevent the grand jury from acting, the 

grand juror should, if at all possible, attend 

the meeting. 

(2) Evidence Before the Grand Jury

Much of the grand jury’s time is spent 

hearing testimony by witnesses and 

examining documentary or other evidence 

in order to determine whether such 

evidence justifies an indictment.

Each federal court district has a United 

States Attorney whose duty it is to 

represent the United States in federal 

matters within the district and to prosecute 

those accused of federal crimes. In the 

usual case, the United States Attorney 

or one of the Assistant United States 

Attorneys will present the evidence of 

alleged violations of law to the grand jury. 

These government attorneys also advise 

grand jurors as to what witnesses should 

be called and what documentary evidence 

should be produced for examination by 

the grand jury. The grand jury may ask that 

additional witnesses be called if it believes 

this is necessary. The government attorney 

will also prepare the formal written 

indictments that the grand jury wishes 

to present. But a government attorney 

may not remain in the room while the 

grand jury deliberates and votes on an 

indictment.

(3) Questioning the Witness

Witnesses are called to testify one 

after another. Upon appearing to give 
9

testimony, each witness will be sworn 

by the grand jury foreperson or, in 

the foreperson’s absence, the deputy 

foreperson. The witness will then be 

questioned. Ordinarily, the witness is first 

questioned by the government attorney, 

and then by the foreperson of the grand 

jury. Then, the other members of the grand 

jury may question the witness.

All questions asked of each witness must 

be relevant and proper, relating only to 

the case under investigation. If doubt 

should arise as to whether a question is 

appropriate, the advice of the government 

attorney may be sought. If necessary, a 

ruling may be obtained from the court.

Because of the need for secrecy, described 

in more detail in the following section, the 

law forbids anyone other than authorized 

persons from being present in the grand 

jury room while evidence is presented. 

This means that only the grand jury, the 

government attorney, the witness under 

examination, the court reporter, and an 

interpreter, if required, may be present. If 

an indictment should ultimately be voted, 

the presence of unauthorized persons in 

the grand jury room could invalidate it. 

Occasionally, prior to answering a 

question, a witness may ask to leave 

the grand jury room to consult with his 

or her attorney. The grand jury cannot 

hold such conduct against a witness, for 

every witness has the right to confer with 

counsel, even though counsel may not 

be present in the grand jury room. In fact, 

a witness may confer with counsel after 
10

each question, as long as he or she does 

not make a mockery of the proceedings 

or does not, by such, make an attempt to 

impede the orderly progress of the grand 

jury investigation.

Additionally, a witness who is appearing 

before the grand jury may invoke the 

Fifth Amendment privilege against selfincrimination and refuse to answer a 

question. In such a situation, the grand 

jurors may bring the matter before the 

court in order to obtain a ruling as 

to whether or not the answer may be 

compelled and under what circumstances. 

(4) Calling the Person Being Investigated by 

the Government as a Witness

Normally, neither the person being 

investigated by the government nor any 

witness on behalf of that person will testify 

before the grand jury.

Upon request, preferably in writing, 

the person being investigated by the 

government may be given the opportunity 

by the grand jury to appear before 

it. Such person who does so appear 

cannot be forced to testify because of 

the constitutional privilege against selfincrimination. If the grand jury attempts 

to force the person being investigated to 

testify, an indictment returned against that 

person may be nullified.

Because the appearance of the person 

being investigated by the government 

before the grand jury may raise 

complicated legal problems, a grand jury 

that desires to request or to permit that 
11

person to appear before it should consult 

with the government attorney and, if 

necessary, the court before proceeding.

Even if the person being investigated 

by the government is willing to testify 

voluntarily, that person must be advised 

of the right not to testify. Also, he or she 

is required to sign a formal waiver of this 

right. The grand jury should be completely 

satisfied that the person being investigated 

fully understands what he or she is doing.

(5) The Evidence Needed Before a “‘True 

Bill” May Be Voted

It is the responsibility of the grand jury to 

weigh the evidence presented to it. This 

is usually done without any explanation 

offered by the person being investigated 

by the government, in order to determine 

whether this evidence persuades that 

there is probable cause to believe that 

a crime has been committed and that 

the person being investigated was the 

person who committed it. Remember 

that the grand jury is not responsible for 

determining whether the person being 

investigated is guilty beyond a reasonable 

doubt, but only whether there is sufficient 

evidence of probable cause to justify 

bringing the that person to trial. Only the 

evidence presented to the grand jury in 

the grand jury room may be considered in 

determining whether to vote an indictment.

(6) Deliberations

When the grand jury has received all the 

evidence on a given charge, all persons 

other than the members of the grand jury 
12

or an interpreter necessary to assist a juror 

who is hearing or speech impaired, must 

leave the room so that the grand jury may 

begin its deliberations. The presence of 

any other person in the grand jury room 

while the grand jury deliberates or votes 

may nullify an indictment returned on the 

accusation.

After all persons other than the grand 

jury members and any interpreter for a 

hearing or speech impaired juror have 

left the room, the foreperson will ask 

the grand jury members to discuss and 

vote upon the question of whether the 

evidence persuades the grand jury that a 

crime has probably been committed by 

the person person being investigated by 

the government and that an indictment 

should be returned. Every grand juror has 

the right to express his or her view of the 

matter under consideration, and grand 

jurors should listen to the comments of all 

their fellow grand jurors before making 

up their minds. Only after each grand 

juror has been given the opportunity to be 

heard will the vote be taken. It should be 

remembered that at least 16 jurors must 

be present and 12 members must vote in 

favor of the indictment before it may be 

returned.

The foreperson of the grand jury must 

keep a record of the number of jurors 

concurring in the finding of every 

indictment and file the record with the 

Clerk of the Court. If an indictment is 

found, the grand jury, or its foreperson 

or deputy foreperson, will report it to the 
judge or a magistrate judge in open court. 

It will likewise report any “not true bills,” 

or decisions not to indict. A decision not 

to indict should immediately be reported 

to the court in writing by the foreperson 

so that the person being investigated by 

the government may promptly be released 

from jail or freed from bail.

SECRECY

 The law imposes upon each grand juror 

a strict obligation of secrecy. This obligation is 

emphasized in the oath each grand juror takes and 

in the charge given to the grand jury by the judge.

 The tradition of secrecy continues as a vital 

part of the grand jury system for many reasons. 

It protects the grand jurors from pressure by 

persons who may be subjects of investigations 

by the grand jury or associates of such persons. 

It prevents the escape of those against whom an 

indictment is being considered. It encourages 

witnesses before the grand jury to give full and 

truthful information about the commission 

of a crime. It also prevents tampering with or 

intimidation of such witnesses before they testify 

at trial. Finally, it prevents the disclosure of 

investigations that result in no action by the grand 

jury and avoids any stigma the public might attach 

to one who is the subject of a mere investigation 

by the grand jury.

 Essentially, the grand jury may disclose 

matters occurring before it only to the government 

attorneys for use in the performance of their 

duties, but even the government attorneys may not 

be informed of what took place during the grand 

jury’s deliberations and voting. The only other time 

matters occurring before the grand jury may be 

13
disclosed to anyone is when disclosure is ordered 

by the court in the interests of justice. Disclosure 

of such matters may never be made to a grand 

juror’s friends or family, including a grand juror’s 

spouse.

PROTECTION OF GRAND JURORS

 The secrecy imposed on grand jurors is a 

major source of protection for them. In addition, 

no inquiry may be made to learn what grand 

jurors said or how they voted, except by order of 

the court.

 The law gives the members of a grand jury 

broad immunity for actions they take within the 

scope of their authority as grand jurors.

 Because of this immunity, all grand jurors 

must perform their duties with the highest sense of 

responsibility.

PRACTICAL SUGGESTIONS FOR GRAND 

JURORS

 Each grand juror should attend the grand 

jury sessions regularly, in order to ensure that a 

quorum of 16 members will be present to conduct 

the grand jury’s business.

 Each grand juror should be on time for each 

meeting so that others are not kept waiting.

 The time of meetings should be scheduled 

so as to be convenient for the grand jury, the 

government attorney, and the witnesses.

 Witnesses should be treated courteously 

when they appear before the grand jury. Questions 

should be put to them in an orderly fashion. The 

government attorney should complete his or her 

questioning of each witness before the foreperson 

asks questions. The remaining grand jurors will 

14
then have a chance to ask relevant and proper 

questions.

 Each grand juror has an equal voice in 

determining whether or not an indictment should 

be returned. Therefore, it is important that all 

grand jurors pay close attention to the testimony 

and other evidence presented.

 Each grand juror must be absolutely fair in his 

or her judgment of the facts. Otherwise, the grand 

juror will defeat the democratic purpose the grand 

jury is designed to serve.

 During deliberations on a case, each grand 

juror should feel free to express his or her opinion 

based upon the evidence.

 Each juror has equal duties and 

responsibilities, and each is entitled to be satisfied 

with the evidence before being called upon to 

vote. No juror has the right to dismiss a witness or 

to shut off proper discussion if other jurors wish to 

pursue the matter further.

 No grand jury should undertake to investigate 

matters outside its proper scope merely because 

someone suggested an investigation, or because 

the investigation would be interesting.

 No grand juror should discuss the cases 

under investigation with anyone, except fellow 

grand jurors and the government attorney, and 

then only in the grand jury room. Of course, the 

grand jurors may always seek the advice of the 

judge.

 Finally, every citizen who is selected to serve 

on a federal grand jury should bring to this task 

the determination to participate in a responsible 

manner and to make every effort to ensure that 

the grand jury will be a credit not only to the 

community it represents but to the United States.

15
GLOSSARY OF TERMS

Charge to the Grand Jury:

 Given by the judge presiding over the selection 

and organization of the grand jury, the charge is 

the court’s instructions to the grand jury as to its 

duties, functions, and obligations, and how to best 

perform them.

Deliberations:

 The discussion by the grand jury members as 

to whether or not to return an indictment on a 

given charge against a person being investigated 

by the government. During deliberations no one 

except the grand jury members or an interpreter 

for a hearing or speech impaired juror may be 

present.

District:

 The geographical area over which the federal 

district court where the grand jury sits and the 

grand jury itself have jurisdiction. The territorial 

limitations of the district will be explained to the 

grand jury by the district judge.

Evidence:

 Testimony of witnesses, documents, and 

exhibits as presented to the grand jury by a 

government attorney or otherwise properly 

brought before it. In some instances, the person 

being investigated by the government may also 

testify.

Federal:

 The national government as distinguished from 

the state governments.

Government Attorney:

 Usually the United States Attorney or an 

16
Assistant United States Attorney in the federal 

district. 

Grand Jurors’ Immunity:

 Immunity is granted to all grand jurors for 

their authorized actions while serving on a federal 

grand jury and means that no grand juror may be 

penalized for actions taken within the scope of 

service as a grand juror.

Indictment:

 The written formal charge of a crime by the 

grand jury, returned when 12 or more grand jurors 

vote in favor of it.

Information:

 The written formal charge of crime by the 

government attorney, filed against the person 

being investigated who, if charged with a 

serious crime, must have knowingly waived the 

requirements that the evidence first be presented 

to a grand jury.

“No Bill”:

 Also referred to as “not a true bill,” the “no 

bill” is the decision by the grand jury not to indict 

a person being investigated by the government.

Petit Jury:

 The trial jury, composed of 12 members, hears 

a case after indictment and renders a verdict or 

decision after hearing the prosecution’s entire case 

and whatever evidence the defendant chooses to 

offer.

Person Being Investigated by the Government:

 The person suspected of having committed a 

federal crime. Use of this term does not imply the 

person being investigated is guilty of any crime. 

After a person is indicted by the grand jury, that 

17
person is referred to as the “defendant.”

Probable Cause:

 The finding necessary in order to return an 

indictment against the person being investigated 

by the government of a federal crime. A finding 

of probable cause is proper only when the 

evidence presented to the grand jury, without any 

explanation being offered by the person being 

investigated, persuades 12 or more grand jurors 

that a federal crime has probably been committed 

by that person.

Quorum for Grand Jury to Conduct Business:

 Sixteen of the 23 members of a federal grand 

jury must at all times be present at a grand jury 

session in order for the grand jury to be able to 

conduct business.

United States Attorney:

 The chief legal officer for the United States 

government in each federal district.

18

Administrative Office of the U.S. Courts

Thurgood Marshall Federal Judiciary Building

One Columbus Circle, N.E.

Washington, D.C. 20544

www.uscourts.gov

HB101 (Rev. 4/12)