234 Pa. Code § 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.
Notes
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