Get AO 110 - Subpoena To Testify Before Grand Jury PDF Conversion 1 - July 24 2002

Historically, grand jury proceedings have been secret, and both Federal and most State statutes provide for secrecy. Witnesses before grand juries, however, are not bound by secrecy. Generally, rules of evidence to be applied in any grand jury proceeding will be primarily the consideration of the prosecutor.

Grand juries issue subpoenas to obtain evidence or testimony that will assist them with their investigations. Unlike other subpoenas, a grand jury subpoena is served in secret. Because grand jury subpoenas are presented by prosecutors in a criminal investigation, recipients cannot refuse to comply.

Why is the grand jury proceeding secret? New York law requires that grand jury proceedings be conducted in secret. There are three main reasons that secrecy of the grand jury is essential: Secrecy ensures full cooperation of witnesses, free of fear of public humiliation, social stigma, retaliation, or other reprisal.

Although Rule 6(e) and the first amendment permit grand jury witnesses to divulge the substance of their testimony outside the courtroom, the practice of imposing secrecy obligations on witnesses continues, thus increasing prosecutors' control over grand jury proceedings.

Grand jury proceedings are secret in ance with Rule 6(e) of the Federal Rules of Criminal Procedure. No judge is present; the proceedings are led by a prosecutor; and the defendant has no right to present his case or (in many instances) to be informed of the proceedings at all.