Rule Text
(a) Before the grand jury is impaneled, any person may challenge the array of grand jurors or any person presented as a grand juror. The court may not hear objections to the qualifications and legality of the grand jury in any other way.
(b) A person confined in jail in the county shall, on the person's request, be brought into court to make a challenge described by Subsection (a).
Amendment history: Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.03, eff. January 1, 2021.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
Before a grand jury officially starts its work, anyone has the right to raise objections about it. Someone can challenge the whole group of potential grand jurors, or they can challenge one specific person who has been picked to serve. This is the only way the court will listen to complaints about whether the grand jury is put together correctly or meets legal requirements. Once the grand jury is impaneled, this window to object closes.
The rule also protects people who are sitting in the county jail. If someone in jail wants to raise this kind of challenge, the court has to bring them in to make their objection in person. Their confinement does not stop them from having a say in whether the grand jury was formed properly.