The Federal Grand Jury in Oklahoma: Process Reference

Federal felony prosecutions begin with indictment by a grand jury. This page records the statutory provisions that govern grand juries and the district structure in which Oklahoma grand juries operate.

Summoning and term

The summoning and term of special grand juries is governed by 18 U.S.C. § 3331, which provides for the summoning of a special grand jury when the Attorney General or a designated assistant certifies that criminal activity in the district makes one necessary:

special grand jury is necessary because of criminal activity in the district shall order a special grand jury to be summoned at least once in each period of eighteen months unless another special grand jury is then serving. The grand jury shall serve for a term of eighteen months unless

Regular grand juries are summoned under Rule 6 of the Federal Rules of Criminal Procedure; the rule also governs the secrecy obligations that apply to grand jury proceedings.

Where Oklahoma grand juries sit

Grand juries sit in the district where the case is venued. Oklahoma is divided into three districts:

Oklahoma is divided into three judicial districts to be known as the Northern, Eastern, and Western Districts of Oklahoma.

The district courts have original jurisdiction over federal offenses under 18 U.S.C. § 3231:

The district courts of the United States shall have original jurisdiction, exclusive of the courts of the States, of all offenses against the laws of the United States. Nothing in this title

What the grand jury does

The grand jury reviews evidence presented by the United States Attorney’s Office and decides whether probable cause supports an indictment. Witnesses may be subpoenaed to testify and to produce documents. A witness may decline to answer where the Fifth Amendment privilege against self-incrimination applies; the governing law is the same throughout the three Oklahoma districts.