(a) Number of Grand Jurors Necessary to Indict. An indictment requires the concurrence of at least 9 grand jurors, regardless of the number of grand jurors hearing a matter.

(b) Return of Indictment. The indictment must be returned by the foreperson in open court and in the presence of the grand jury and the prosecutor.

(c) Notice of Supervening Indictment. If the defendant previously has had an initial appearance under Rule 4.2, the court must prepare and send to the defendant and defense counsel a notice of supervening indictment instead of issuing a warrant or summons.

(d) No Indictment Returned. If a person is in custody or has posted bond on a matter presented to the grand jury and no indictment is returned, the foreperson through the prosecutor must promptly inform the court in writing that the grand jury did not return an indictment.