Pennsylvania Code
Title 234 - RULES OF CRIMINAL PROCEDURE
Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES
Part E - Indicting Grand Jury
Rule 556.4 - Challenges to Grand Jury and Grand Jurors
Universal Citation: 234 PA Code ยง 556.4
Current through Register Vol. 54, No. 38, September 21, 2024
(A) Challenges
The attorney for the Commonwealth or a defendant may challenge the grand jury on the ground that it was not lawfully drawn, summoned, or selected, and may challenge an individual juror on the ground that the juror is not legally qualified.
(1) The challenge shall be in the form of a
written motion and shall allege the ground upon which the challenge is
made.
(2) If a challenge to an
individual grand juror is sustained, the juror shall be discharged and replaced
with an alternate juror.
(B) Motion to Dismiss
(1) The attorney for the Commonwealth or a
defendant may move to dismiss the information filed following the grand jury's
vote to indict the defendant based on the following grounds:
(a) an objection to the grand jury or on an
individual juror's lack of legal qualification, unless the court has previously
ruled on the same objection under paragraph (A);
(b) The evidence did not establish a
prima facie case that an offense has been committed and the
defendant committed the offense;
(c) lack of jurisdiction of the grand jury;
or
(d) expiration of the statute of
limitations.
(2) The
judge shall not dismiss the information on the ground that a grand juror was
not legally qualified if the record shows that at least 12 qualified jurors
concurred in the indictment.
(C) Any motion under paragraph (A) or paragraph (B) shall be made as part of the omnibus pretrial motion.
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