Rule 511. Secrecy of Grand Jury Proceedings

Secrecy. Grand jury proceedings and the findings of indictment shall be secret, and no grand juror shall disclose the nature or substance of the deliberations or vote of the grand jury, as 6 R. Stat. § 131.110 provides.

Persons Bound. The obligation of secrecy binds each grand juror, the Attorney General and each state attorney who attends, the Clerk of the Superior Court, the presiding judge, an interpreter, and every person to whom disclosure is lawfully made under this rule. No person shall be present at a session of the grand jury except the witness under examination, one attorney representing the witness for the purpose of advising and consulting with the witness, the Attorney General and his or her state attorneys, the Clerk of the Superior Court, and the presiding judge, 6 R. Stat. § 131.105.

The Witness Is Not Bound. A witness before the grand jury is not bound by the obligation of secrecy as to the witness’s own testimony, and may disclose it, and may consult the attorney who accompanied the witness concerning it.

Grand Juror as Witness. A grand juror shall not be examined, and shall not testify, concerning the deliberations of the grand jury, the effect of anything upon a juror’s vote, or a juror’s mental processes concerning an indictment. Rule 606(b) governs an inquiry into the validity of an indictment and states the only exceptions.

Disclosure Required by Rule. The obligation of secrecy does not withhold from the defendant the grand jury minutes, or the written or recorded statement of a person who has testified before the grand jury, which the prosecution shall disclose as Rid. R. Crim. P. 14(a)(1)(A)(ii) requires. Disclosure so required is lawful and is no breach of secrecy.

Disclosure on Motion. A person seeking a disclosure not required by Rule 511(e) shall move the presiding judge, shall give notice to the Attorney General, and shall establish a particularized need for the material that outweighs the continuing interest in secrecy. A generalized assertion that the material may be useful is insufficient. The court may examine the material in camera under Rule 501(i) and may order a disclosure limited in scope, in recipients, and in the use to which the material may be put.

Use in a Later Proceeding. Grand jury testimony lawfully disclosed may be used as a prior statement of a witness under Rule 613, as former testimony under Rule 804 where the declarant is unavailable, and for impeachment. Its use does not enlarge the disclosure permitted.

Not Filed. Material subject to this rule shall not be tendered to the general filing channel of the electronic filing system. Disclosure required or ordered under this rule is made directly to the person entitled to it, and the fact and date of the disclosure may be recorded by a certificate under Rid. R. Crim. P. 14(a)(3).

Enforcement. A breach of the obligation of secrecy is punishable as contempt under Rid. R. Crim. P. 43 and may be prosecuted under R.C.C. § 2.09.