77-10a-14 - Concurrence for indictment -- Proof -- Validity -- Disclosure. - Utah Statutes

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Statutes > Utah > Title-77 > Chapter-10a > 77-10a-14

77-10a-14. Concurrence for indictment -- Proof -- Validity -- Disclosure.
(1) An indictment may be found only upon the concurrence of at least three-fourths, orthe next highest whole number, of the grand jurors.
(2) An indictment may not be found unless the grand jurors who vote in favor of theindictment find there is clear and convincing evidence to believe the crime to be charged wascommitted and the person to be indicted committed it. An indictment may not be returned solelyon the basis of incompetent hearsay.
(3) To be valid, the indictment shall be signed by the foreman and the attorney for thestate or special prosecutor and returned to the managing judge in open court. The clerk of themanaging court shall file the indictment upon receipt.
(4) To be valid, the indictment shall be signed by the foreman and then returned to themanaging judge in open court. The clerk of the managing court shall file the indictment uponreceipt.
(5) (a) The managing judge who takes the return of the indictment may direct that theindictment be kept secret until the defendant is in custody or has been released pending trial.
(b) The clerk shall then seal the indictment and, except for transferring the indictment tothe appropriate court for trial as provided by this chapter, may not permit any person to disclosethe return of the indictment except when necessary for the issuance and execution of a warrant orsummons.

Enacted by Chapter 318, 1990 General Session

State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-10a > 77-10a-14

77-10a-14. Concurrence for indictment -- Proof -- Validity -- Disclosure.
(1) An indictment may be found only upon the concurrence of at least three-fourths, orthe next highest whole number, of the grand jurors.
(2) An indictment may not be found unless the grand jurors who vote in favor of theindictment find there is clear and convincing evidence to believe the crime to be charged wascommitted and the person to be indicted committed it. An indictment may not be returned solelyon the basis of incompetent hearsay.
(3) To be valid, the indictment shall be signed by the foreman and the attorney for thestate or special prosecutor and returned to the managing judge in open court. The clerk of themanaging court shall file the indictment upon receipt.
(4) To be valid, the indictment shall be signed by the foreman and then returned to themanaging judge in open court. The clerk of the managing court shall file the indictment uponreceipt.
(5) (a) The managing judge who takes the return of the indictment may direct that theindictment be kept secret until the defendant is in custody or has been released pending trial.
(b) The clerk shall then seal the indictment and, except for transferring the indictment tothe appropriate court for trial as provided by this chapter, may not permit any person to disclosethe return of the indictment except when necessary for the issuance and execution of a warrant orsummons.

Enacted by Chapter 318, 1990 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-10a > 77-10a-14

77-10a-14. Concurrence for indictment -- Proof -- Validity -- Disclosure.
(1) An indictment may be found only upon the concurrence of at least three-fourths, orthe next highest whole number, of the grand jurors.
(2) An indictment may not be found unless the grand jurors who vote in favor of theindictment find there is clear and convincing evidence to believe the crime to be charged wascommitted and the person to be indicted committed it. An indictment may not be returned solelyon the basis of incompetent hearsay.
(3) To be valid, the indictment shall be signed by the foreman and the attorney for thestate or special prosecutor and returned to the managing judge in open court. The clerk of themanaging court shall file the indictment upon receipt.
(4) To be valid, the indictment shall be signed by the foreman and then returned to themanaging judge in open court. The clerk of the managing court shall file the indictment uponreceipt.
(5) (a) The managing judge who takes the return of the indictment may direct that theindictment be kept secret until the defendant is in custody or has been released pending trial.
(b) The clerk shall then seal the indictment and, except for transferring the indictment tothe appropriate court for trial as provided by this chapter, may not permit any person to disclosethe return of the indictment except when necessary for the issuance and execution of a warrant orsummons.

Enacted by Chapter 318, 1990 General Session