18 U.S.C. § 3321
Section 3321 · Number of grand jurors; summoning additional jurors
Amended 1 time on record
Applied in 14 court decisions — leading case In Re Grand Jury Subpoena. United States of America v. (Under Seal) (1988)
Most recently applied in 775 F. Supp. 335 - United States v. Wood (September 1991)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Every grand jury impaneled before any district court shall consist of not less than sixteen nor more than twenty-three persons. If less than sixteen of the persons summoned attend, they shall be placed on the grand jury, and the court shall order the marshal to summon, either immediately or for a day fixed, from the body of the district, and not from the bystanders, a sufficient number of persons to complete the grand jury. Whenever a challenge to a grand juror is allowed, and there are not in attendance other jurors sufficient to complete the grand jury, the court shall make a like order to the marshal to summon a sufficient number of persons for that purpose.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Historical and Revision Notes
Based on section 419 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (Mar. 3, 1911, ch. 231, §282, 36 Stat. 1165).
The provisions of the first sentence are embodied in rule 6(a) of the Federal Rules of Criminal Procedure, but it has been retained because of its relation to the remainder of the text which is not covered by said rule.
Federal Rules of Criminal Procedure
Challenges of grand jurors, see rule 6, Appendix to this title.
Discharge and excuse of grand jurors, see rule 6.
Summoning grand jurors, see rule 6.
Cross References
Apportionment of grand jurors within district, see section 1865 of Title 28, Judiciary and Judicial Procedure.
Attendance fees of grand jurors, see section 1871 of Title 28.
Drawing grand jurors, see section 1864 of Title 28.
Exclusion on account of race or color, penalty for, see section 243 of this title.
Fee of marshal for serving venire, see section 1921 of Title 28, Judiciary and Judicial Procedure.
Fees of grand jurors, see section 1871 of Title 28.
Intimidating or influencing grand jurors, see sections 1503 and 1504 of this title.
Ohio grand jurors; place of service; authority of judge to change; see sections 115 and 1865 of Title 28, Judiciary and Judicial Procedure.
Qualifications and exemptions of jurors, see section 1861 of Title 28.
Summons; service and return, see section 1867 of Title 28.
Traveling expenses, see section 1871 of Title 28.