Utah § 10a-8 - Challenge of prospective grand jurors -- Failure to comply in selection of jurors -- Remedies.

Full text of Utah Utah Code § 10a-8 — Challenge of prospective grand jurors -- Failure to comply in selection of jurors -- Remedies., with citation guidance and answers to common questions.

§ 10a-8. Challenge of prospective grand jurors -- Failure to comply in selection of jurors -- Remedies.

Effective 5/7/2025
77-10a-8.  Challenge of prospective grand jurors -- Failure to comply in selection of jurors -- Remedies.
(1)The attorney general, county attorney, district attorney, or special prosecutor may challenge:
(a)the array of grand jurors on the ground the grand jury was not selected, drawn, or summoned in accordance with law; and
(b)an individual juror on the ground the juror is not legally qualified.
(2)Challenges shall be made before the administration of the oath to the jurors and shall be tried to the court managing the grand jury.
(3)A motion to dismiss the indictment may be based on objections to the array or on the lack of legal qualification of an individual juror, if not previously determined upon challenge.
(4)In criminal cases the defendant or attorney for the state may move to dismiss the indictment or stay the proceedings on the ground of substantial failure to comply with this chapter in selecting the grand jury. However, the defendant or attorney for the state must do so before the voir dire examination begins or within seven days after the defendant or attorney for the state discovered or could have discovered the grounds by the exercise of diligence, whichever is earlier, or the motion is considered waived.
(5)
(a)Any motion filed under Subsection (1), (3), or (4) must contain a sworn statement of facts which, if true, would constitute a substantial failure to comply with the provisions of this chapter. The moving party may present in support of the motion the testimony of the clerk if the clerk is available, any relevant records and papers used by the clerk that were not made public or otherwise available, and any other relevant evidence.
(b)If the managing judge determines there has been a substantial failure to comply with the provisions of this chapter in selecting the grand jury, the managing judge shall stay the proceedings pending the selection of a grand jury in conformity with this chapter or dismiss the indictment, whichever is appropriate.
(6)
(a)The procedures prescribed by this section are the exclusive means by which a party accused of a crime or an attorney for the state may challenge any grand jury on the ground it was not selected in conformity with this chapter.
(b)An indictment may not be dismissed in any case on the ground that one or more members of the grand jury that returned the indictment were not legally qualified if it appears from the record kept by the grand jury that eight or more jurors, after deducting the number not qualified, concurred in finding the indictment.


Amended by Chapter 302, 2025 General Session

Source: official Utah text · Last verified 2026-08-27

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Frequently Asked Questions About Utah § 10a-8

What does Utah Code § 10a-8 cover?

Section 10a-8 ("Challenge of prospective grand jurors -- Failure to comply in selection of jurors -- Remedies.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 10a-8?

A common citation format is "Utah Code § 10a-8" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 10a-8 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.