Also known as: qualified persons
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A person who satisfies statutory eligibility criteria to serve on a grand jury. The court must summon enough such persons to form a panel of sixteen to twenty-three members when the public interest requires it.
A person who satisfies statutory eligibility criteria to serve on a grand jury. The court must summon enough such persons to form a panel of sixteen to twenty-three members when the public interest requires it.
Select any source to read its text and confirm it supports the definition.
A custodian or other individual competent to execute a certification establishing that a record meets the requirements for self-authentication under the business-records or electronic-process rules. The certification must comply with applicable federal statutes or Supreme Court rules and be preceded by reasonable notice to adverse parties.
Select any source to read its text and confirm it supports the definition.
A custodian or other individual competent to execute a certification establishing that a record meets the requirements for self-authentication under the business-records or electronic-process rules. The certification must comply with applicable federal statutes or Supreme Court rules and be preceded by reasonable notice to adverse parties.
Each sense below has its own examples, sources, and questions.
Federal agents uncover widespread bribery involving a housing inspector and a large apartment complex. Prosecutors request a grand jury. The district judge declines because of staffing shortages. The court must instead order the summoning of enough legally qualified persons to form a sixteen-to-twenty-three-member grand jury.
A federal grand jury must consist of sixteen to twenty-three members. The court must summon enough legally qualified persons to reach that range when the public interest requires convening a grand jury.
Supporting sources
No. The size requirement is structural. A panel that falls below sixteen members is not lawfully constituted, and an indictment returned by it is subject to dismissal even if twelve jurors concurred.
Supporting sources
Quantum Dynamics seeks to introduce its internal maintenance logs at trial. The custodian executes a written certification confirming the records were kept in the ordinary course of business. The proponent gives opposing counsel advance written notice and makes the certification available for inspection before offering the logs as self-authenticating evidence.
The custodian or another qualified person may execute the certification. The certification must show that the record meets the requirements of Rule 803(6)(A)-(C) and must be made available for inspection after reasonable written notice to the adverse party.
Supporting sources
The proponent must give the adverse party reasonable written notice of intent to offer the record and must make both the record and the certification available for inspection so the party has a fair opportunity to challenge them.
Supporting sources