628.41 GRAND JURIES; MEMBERS; QUORUM; COMPENSATION.
Subdivision 1. Definition.
A grand jury is a body of persons returned at stated periods from
the citizens of the county, or counties as provided in subdivision 2, before a court of competent
jurisdiction, chosen by lot, and sworn to inquire as to public offenses committed or triable in the
county or counties. It shall consist of not more than 23, nor less than 16, persons, and shall not
proceed to any business unless at least 16 members are present.
Subd. 2. Venue.
If subject matter of the grand jury inquiry concerns activity, events, or other
matters in more than one county, a grand jury may be selected, in reasonable proportion, from the
counties in which the activity, events, or other matters occurred. A judge of the district court from
any judicial district which includes one of the counties involved in an inquiry may convene a
multicounty grand jury, without regard to judicial district boundaries, and may designate which
county attorney or county attorneys shall attend upon the grand jury. The judge shall designate
where a grand jury drawn from more than one county shall sit.
Subd. 3. Designation of venue.
All indictments, reports or other returns returned by a
grand jury drawn from more than one county shall be returned without any designation of venue.
Thereupon, the judge ordering the impaneling of the grand jury shall designate the county of
venue for purposes of trial.
Subd. 4. Designation of prosecuting authority.
If a grand jury drawn from more than one
county was impaneled pursuant to the request of a county attorney, that county attorney shall
prosecute indictments returned thereby, except that the county attorney of the county in which
venue was designated pursuant to subdivision 3 may file a written request to prosecute with the
judge impaneling the grand jury within 15 days, in which case the judge shall designate the
prosecuting authority. In all other cases, the prosecuting authority shall be designated by the judge
impaneling the grand jury.
Subd. 5. Cost apportionment.
The costs of a grand jury drawn from more than one county
shall be apportioned between the counties from which the grand jury was drawn as may be
ordered by the judge impaneling the grand jury.
Subd. 6. Compensation.
Members of grand juries drawn from more than one county shall be
compensated as provided in section
. In addition, grand jurors residing more than 50 miles
from the place where the grand jury sits shall be reimbursed for expenses actually incurred for
meals and lodging, not to exceed $35 per day.
History: (10603) RL s 5261; 1921 c 365 s 2; 1977 c 208 s 1; 1980 c 509 s 182