Rule 556.5. Duration of Indicting Grand Jury.
(A) The length of the grand jury term shall be determined by the president judge, or the president judge’s designee, but shall not exceed 18 months, unless an order for discharge is entered earlier by the supervising judge upon determination by the grand jury, by majority vote, that its business has been completed, or an extension is granted pursuant to paragraph (B).
(B) At the end of its original term or any extension thereof, if the grand jury determines by majority vote that it has not completed its business, it may request the supervising judge to extend its term for an additional period of 6 months. No grand jury term shall exceed 24 months from the time the grand jury was originally summoned.
(1) The supervising judge shall grant a request for extension unless the judge determines that such request clearly is without basis.
(2) Failure to grant an extension of term under this rule may be appealed by the attorney for the Commonwealth to the Supreme Court in the manner prescribed by general rule.
(3) If an appeal is taken, the grand jury shall continue to exercise its powers pending the disposition of the appeal.
(C) At any time within the original term of a grand jury, or any extension thereof, if the supervising judge determines that the grand jury is not conducting proper indicting activity, the judge may order that the grand jury be discharged.
(1) An order of discharge under this rule shall not become effective less than 10 days after the date on which the order is issued and actual notice given to the attorney for the Commonwealth and the foreperson of the grand jury.
(2) The order may be appealed by the attorney for the Commonwealth to the Supreme Court in the manner prescribed by general rule.
(3) If an appeal is taken, the grand jury shall continue to exercise its powers pending the disposition of the appeal.
Comment The procedures governing the duration of the indicting grand jury are consistent with the procedures for investigating grand juries as set forth in 42 Pa.C.S. § 4546.
Official Note
New Rule 556.5 adopted June 21, 2012, effective in 180 days.
Committee Explanatory Reports:
Final Report explaining the new rule published with the Court’s Order at 42 Pa.B. 4153 (July 7, 2012).
Source The provisions of this Rule 556.5 adopted June 21, 2012, effective in 180 days, 42 Pa.B. 4140.
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