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Response:
That depends (a) on the law of the state in which the
grand jury sat (there might be something in state law which permits
this) and/or (b) on the purpose for which the transcript is sought. In
the federal system and in many states, grand jury transcripts are
protected by grand jury secrecy and cannot be revealed except by a court
order for certain purposes, one of which, in the federal system, is for
use in connection with a "judicial proceeding." So, if the transcript
were sought to prepare an appeal, that MIGHT be a basis for gaining
access.
Bottom line: Need to ask a lawyer in the jurisdiction.
SWB
2002 |