1. A. The following oaths shall be administered by the district judge to jurors, officers of the court or others assigned to assist the grand jury, and by the foreman to witnesses:

   1. (1) JUROR OATH: "You, as members of this grand jury, do swear (or affirm) that you will diligently inquire and true indictment make, of all public offenses against the people of this state, committed or triable within this county, of which you shall receive legal evidence; that you shall indict no person through malice, hatred or ill will; nor have any not indicted through fear, favor or affection, or for any reward or the hope or promise thereof; but in all your indictments, reports or undertakings, you shall present the truth, according to the best of your skill and understanding, and further that you will forever keep secret whatever you or any other juror may have said or in what manner you or any other juror may have voted on any matter before you; and that you will keep secret the testimony of any witness heard by you unless ordered by the court to disclose the same in the trial or prosecution of the witness for perjury before the grand jury, so help you God.";
   2. (2) OATH FOR OFFICER OR OTHER PERSON: "You do swear (or affirm) that you will keep secret all proceedings occurring in your presence or of which you may learn as a result of your service in aid of the grand jury, so help you God."; and
   3. (3) OATH FOR WITNESS: "You do swear (or affirm) that the testimony which you are about to give will be the truth, so help you God."
2. B. Any person found to have violated the oath under Paragraph (1) or (2) of Subsection A of this section shall be guilty of a misdemeanor. This subsection shall not apply to communications by the prosecuting attorney to his staff or grand jury aides and in obtaining and presenting evidence, preparing indictments, reports and other undertakings of the grand jury and in preparation for trial.

History: 1953 Comp., § 41-5-6, enacted by Laws 1969, ch. 276, § 6; 1979, ch. 337, § 4.

ANNOTATIONS

Repeals. — Laws 1969, ch. 276, § 14, repealed former 41-5-6, 1953 Comp., relating to the effect of the challenge to the grand jury panel.

Registration of oath not required. — All that this section requires is that an oath be taken and while it is desirable that a signed oath be registered, registration is not an absolute requirement. State v. Gilbert, 1982-NMSC-095, 98 N.M. 530, 650 P.2d 814.

Duty of juror was that of secrecy forever concerning matters coming before him except as otherwise provided by statute. In re Hittson, 1915-NMSC-040, 20 N.M. 319, 150 P. 733.

Impeachment of indictment by grand jury. — Members of grand jury were not permitted to impeach an indictment duly found, returned in open court and filed as such, by testifying as to what was said by the prosecution officer while advising with them in his official capacity. U.S. v. Tallmadge, 1907-NMSC-032, 14 N.M. 293, 91 P. 729.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Grand Jury § 17.

Officer, member of grand jury as, within constitutional or statutory provision in relation to oath or affirmation, 118 A.L.R. 1098.

Duty of secrecy on part of members of, or witnesses or other persons present before, grand jury, 127 A.L.R. 272.

Accused's right to, and prosecution's privilege against, disclosure of identity of informer, 76 A.L.R.2d 262.

Failure to swear or irregularity in swearing witnesses appearing before grand jury as ground for dismissal of indictment, 23 A.L.R.4th 154.

38A C.J.S. Grand Juries § 56.