FAQ

What happens in a federal grand jury proceeding?

Q: What happens in a federal grand jury proceeding?

A: If you are served with a federal grand jury subpoena, you may be required to appear and testify. The subpoena will specify the date, time, and location for your appearance and may also require you to produce documents.

Q: What is a grand jury?

A: The grand jury room is not like a typical courtroom. There is no judge present during the proceeding. It is a closed setting designed to receive evidence and testimony outside the public eye. 

Q: Who is present?

A: Inside the grand jury room, the following people are present: the witness, the prosecutor, a court reporter, and the grand jurors, including a foreperson who helps lead the proceedings.

Q: How many jurors are there?

A: Federal grand jury typically consists of between 16 and 23 grand jurors. They are there because they received a summons for grand jury service, which is similar to being summoned for regular jury duty. 

Q: Will I be required to take an oath?

A: Before testifying, the witness will be sworn in and take an oath to tell the truth. All testimony is given under penalty of perjury.

Q: Who conducts the questioning?

A: The prosecutor conducts the questioning. Defense counsel cannot be present in the grand jury room during testimony. If you have a lawyer, you may request to step outside to consult with your attorney as permitted. 

Q: Will the information be kept confidential?

A: Grand jury proceedings are secret. Everyone in the room is sworn to secrecy, except the witness. A witness is permitted to disclose their own testimony, although strategic considerations should be discussed with counsel before doing so. 

What happens in a federal grand jury proceeding?

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