Wow -- how weird the Idaho Supreme Court's web site isn't accessible outside the US. Sorry!! Here's Rule 6, HTH.
ETA: Idaho Supreme Court link apparently inaccessible outside the US from which this is copy-pasted:
Idaho Criminal Rules (I.C.R.) | Supreme Court
Idaho Criminal Rule 6. Formation of the Grand Jury
(a) Number of Jurors. A grand jury must consist of 16 qualified jurors of the county in which the grand jury sits, but 12 or more members constitute a quorum. A grand jury can deliberate and take action if a quorum is present.
(b) Summoning Grand Juries. On motion by the prosecuting attorney to summon a grand jury, a district judge assigned by the Administrative District Judge may order that a grand jury be impaneled within any county of the judicial district at such times as the public interest requires. Sixteen grand jurors must be selected as provided in the Uniform Jury Selection and Service Act, Chapter 2 of Title 2, Idaho Code. The selection of the grand jury must take place in a closed session with only a district judge, the prosecuting attorneys, the prospective jurors, the reporter or recorder, a clerk of the court, and any required interpreter present.
(c) Impaneling a Grand Jury. A district judge must impanel a grand jury of 16 jurors. The district judge must preside over the impaneling of the grand jury and in doing so has the power and duty to:
(1) administer, or direct the clerk to administer, an oath or affirmation to all prospective jurors that each of them will truthfully answer all questions as to their qualifications to sit as jurors on the grand jury;
(2) select, or direct the clerk to select, at random the names of 16 prospective jurors;
(3) inquire of the prospective grand jurors to determine whether they are qualified to act as jurors and whether there are any facts which would constitute grounds for challenge against any of them. If the court finds any prospective juror to be unqualified or subject to challenge as provided by the Uniform Jury Selection and Service Act, Chapter 2, of Title 2 and § 19-1003, Idaho Code, the court must dismiss that prospective juror and choose another prospective juror at random from the panel summoned for the grand jury. The 16 selected jurors must be sworn to the following oath:
Do each of you, as jurors of the grand jury, affirm that you will diligently inquire into and true presentment make of all public offenses against the state of Idaho, committed or triable within this county, of which you shall have or can obtain legal evidence? That you will keep your own counsel, and that of the other members of the grand jury, and of the government and will not, except when required in the due course of judicial proceeding, disclose the testimony of any witness examined before you, nor anything which you or any other grand juror may have said nor the manner in which you or any other grand juror may have voted in any matter before you? That you will present no person through malice, hatred, or ill will, nor leave any unpresented through fear, favor or affection, or for any reward or the promise of hope thereof? Do you therefore affirm that you will in all your presentments follow these instructions and present the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding, so help you God?
(4) The impaneling of the grand jury must be recorded, either stenographically or electronically.
(d) Grand Jury Presiding Juror; Oath; Duties. After the grand jury is impaneled, the court must select one of the jurors as the presiding juror of the grand jury and administer an oath in the form of the oath in Rule 6(c)(3), only it will refer to the person as the presiding juror of the grand jury. The presiding juror has the following powers and duties:
(1) preside over the grand jury until it is adjourned and discharged;
(2) determine the time and place of commencement of each session of the grand jury and the time of adjournment of each session;
(3) take roll of the jurors of the grand jury at the commencement of each session;
(4) rule on the disqualification of a grand juror;
(5) convey to the court any requests of the grand jury for further advice or instructions during the sessions of the grand jury;
(6) on majority vote of the grand jury, direct the issuance of subpoenas for additional witnesses called to testify before the grand jury;
(7) determine the sequence of the witnesses to be examined by the grand jury, with the advice of the prosecuting attorney, and discharge the witness when no further testimony of the witness is desired by the grand jury;
(8) administer an oath or affirmation to all witnesses appearing before the grand jury by asking the witness, "Do you solemnly swear or affirm that the testimony that you shall give in the issue pending before this jury will be the truth, the whole truth and nothing but the truth, so help you God?";
(9) advise target witnesses prior to testifying, or as soon as their status becomes known, by reading the following advice:
You are advised that you are one of the subjects or suspects in this grand jury investigation. You have the right not to incriminate yourself which includes the right to remain silent and the right to refuse to answer any question that might incriminate you. You have the right to request permission to leave the jury and consult with your attorney or counsel at any time, but you do not have the right to have your counsel with you before the grand jury. Any statements made by you may be used against you in any subsequent prosecution. If you give any false answers to questions you may be prosecuted for the felony crime of perjury. Do you understand these rights?
(10) prepare or cause to be prepared and sign any indictment found by the grand jury and file it with the court; and
(11) perform any other duties as prescribed by these rules or as directed by the court.
(e) Deputy Presiding Juror; Oath; Duties. The court must select one or more deputy presiding jurors and administer the presiding juror's oath to them. In the absence of the presiding juror, the deputy presiding juror acts as the presiding juror in the sequence directed by the district judge, if more than one has been selected, without further order of the court.
(f) Charge to Jury. After the grand jury has been sworn, the court must give a charge to the jury stating in detail their powers, duties and authority and any other information which the court deems proper. The charge must be given orally to the jurors and a written copy must be given to the presiding juror.
(g) Excuse of a Juror. At any time the court or the presiding juror may temporarily or permanently excuse a juror for good cause shown.
(Adopted February 22, 2017, effective July 1, 2017.)
Idaho Criminal Rule 6.1. Prosecuting Attorney’s Role with Grand Jury
(a) Attend Grand Jury Sessions. The prosecuting attorney of the county in which the grand jury is sitting, or one or more deputies, or a special prosecuting attorney may attend all sessions of the grand jury, except during the deliberations of the grand jury after the presentation of evidence.
(b) Powers and Duties. The prosecuting attorney has the power and duty to:
(1) present to the grand jury evidence of any public offense, however, when a prosecutor conducting a grand jury inquiry is personally aware of substantial evidence which directly negates the guilt of the subject of the investigation the prosecutor must present or otherwise disclose that evidence to the grand jury;
(2) at the commencement of a presentation of an investigation to the grand jury, inquire as to whether there are any grounds for disqualification of any grand juror and advise the presiding juror of the possible disqualification of a juror;
(3) list the elements of an offense being investigated by the grand jury, before, during or after the testimony of witnesses;
(4) advise the grand jury as to the standard for probable cause, and tell them that if a person refuses to testify this fact cannot be used against him or her;
(5) issue and have served grand jury subpoenas for witnesses;
(6) present opening statements and/or instruct the grand jury on applicable law; and
(7) prepare an indictment for consideration by or at the request of the grand jury.
(Adopted February 22, 2017, effective July 1, 2017.)
Idaho Criminal Rule 6.3. Secrecy and Confidentiality of Grand Jury Proceedings
(a) Who May be Present at Grand Jury Sessions. The grand jury may, at all reasonable times, request the presence and advice of the district judge; but, unless advice is asked, the district judge must not be present during any session of the grand jury after it has been impaneled. No other person may be permitted to be present during the sessions of the grand jury except:
(1) jurors of the grand jury;
(2) the prosecuting attorney of the county in which the grand jury is sitting, or a designated deputy or specially appointed deputy;
(3) a witness physically present before the grand jury and under questioning;
(4) a supporting person for a child witness requested by the prosecuting attorney as authorized by Idaho Code § 19-3023;
(5) the person designated by the district judge or the presiding juror to report the proceedings; and
(6) an interpreter designated by the district judge or presiding juror and sworn to correctly interpret the proceedings and sworn to secrecy.
(b) Presence of Persons During Jury Deliberations Prohibited. No person other than the acting grand jurors may be present during the deliberations of the grand jury.
(c) Secrecy of Proceedings and Disclosure. Every member of the grand jury must keep secret whatever was said or done in the grand jury proceedings and the vote of each grand juror on a matter before them; but a grand juror may be required by the district judge to disclose matters occurring before the grand jury which may constitute grounds for dismissal of an indictment or grounds for a challenge to a juror or the array of jurors. No other person present in a grand jury proceeding may disclose to any other person what was said or done in the proceeding, except by order of any court for good cause shown.
(d) Disclosure of Indictment. The court may seal the indictment and, while sealed, no person may disclose the finding of the indictment.
(Adopted February 22, 2017, effective July 1, 2017.)
Idaho Criminal Rule 6.4. Grand Jury Proceedings
(a) Grand Jury Subpoenas. A grand jury subpoena or subpoena duces tecum may be issued by either the presiding juror or the prosecutor in the manner provided by law.
(b) Questioning of Witnesses. Witnesses may be questioned by the prosecuting attorney, the presiding juror, and other members of the grand jury under the direction of the presiding juror.
(c) Evidence for Defendant. The grand jury is not bound to hear evidence for the defendant, but it is their duty to weigh all the evidence submitted to them, and when they have reason to believe that other evidence within their reach will explain away the charge, they should order such evidence to be produced, and for that purpose may require the prosecuting attorney to issue process for the witnesses.
(Adopted February 22, 2017, effective July 1, 2017.)
Idaho Criminal Rule 6.5. Indictment
(a) Sufficiency of Evidence to Warrant Indictment. If the grand jury finds, after evidence has been presented to it, that an offense has been committed and that there is probable cause to believe that the accused committed it, the jury ought to find an indictment. Probable cause exists when the grand jury has before it evidence that would lead a reasonable person to believe an offense has been committed and that the accused party has probably committed the offense.
(b) Multiple Charges of Indictment. There may be two or more separate charges in a grand jury indictment, but each must be voted on separately by the grand jury.
(c) Finding and Return of Indictment. An indictment may be found only by agreement of 12 or more jurors. It must be signed by the presiding juror and must be returned by the grand jury to a district judge. The indictment must be in writing and have endorsed on it the names of all witnesses examined before the grand jury about the subject matter of the indictment.
(d) List of Jurors’ Votes. The presiding juror must prepare separate lists of all jurors voting in favor of and jurors voting against the indictment. The lists must remain sealed but may be disclosed to the prosecuting attorney, the defendant and defendant's counsel by order of the court.
(e) Return of No Bill. If the grand jury concludes that there is no probable cause and that no indictment will be returned, that fact must be placed in writing and maintained under seal by the court as part of the record of that proceeding.
(Adopted February 22, 2017, effective July 1, 2017.)
Idaho Criminal Rule 6.6. Grounds for Motion to Dismiss Indictment
A motion to dismiss the indictment may be granted by the district court on any of the following grounds:
• a valid challenge to the array of grand jurors;
• a valid challenge to an individual juror who served on the grand jury that found the indictment, except that finding of the valid challenge to one or more members of the grand jury is not grounds for dismissal of the indictment if there were 12 or more qualified jurors concurring in the finding of the indictment;
• that the charge in the indictment was previously submitted to a magistrate at preliminary hearing and dismissed for lack of probable cause; or
• that the indictment was not properly found, endorsed and presented as required by these rules or by the statutes of the state of Idaho.
(Adopted February 22, 2017, effective July 1, 2017.)
Idaho Criminal Rule 6.7. Discharge of Grand Jury
A grand jury must serve until discharged by the court but no grand jury may serve more than six months unless specifically ordered by the court that summoned the grand jury.
(Adopted February 22, 2017, effective July 1, 2017.)
Idaho Criminal Rule 6.8. Other Prosecution
The fact that a grand jury is in session in a county does not bar prosecution of other offenses by way of complaint or information in that county.
(Adopted February 22, 2017, effective July 1, 2017.)
