Court Reporting Manual
01/25/2023 Page 20
Code, Courts and Judicial Proceedings Article, enables a court to appoint a reporter to take and
transcribe testimony given before a grand jury for the exclusive use and benefit of the grand
jury and prosecutor, unless the court orders otherwise. A criminal penalty of one year’s
imprisonment or $1,000 fine, or both, is authorized for wrongful disclosure. If a court reporter
is authorized by court order to act as grand jury reporter, the Clerk of Court will administer an
oath, substantially as follows: “and that I will keep secret all matters and things occurring
before said grand jury, except as to the [prosecutor], and I will not permit any person or persons
to take a copy of the testimony or portions thereof, nor will I disclose the character of any of the
contents to any person or persons, other than the grand jury, except on a written order of Court
only made after hearing the [prosecutor].”
As a general rule, a grand jury is presented with only one side of the evidence, the State’s, on
the basis of which the grand jury decides whether there is sufficient evidence to warrant
returning a true bill, or indictment, against the accused.
An official reporter will be present in the grand jury room to preserve testimony. Hence, at all
times while a witness is in the grand jury room, the proceedings are on the record.
Witnesses are called one at a time before the grand jury. Since a prosecutor may want
testimony preserved to allow a later perjury indictment, a reporter must include verbatim the
oath and swearing of the witness and his/her answer, so that no question as to the form of
oath or the response arises.
The prosecutor normally questions the witness. Usually, after the prosecutor has completed
examination of the witness, the grand jurors are allowed to ask questions, although the jurors
may do so at any time. With no direct or cross-examination, Q and A is the simplest format for
this part of the proceeding.
Between witnesses, there may be informal discussion among the jurors and prosecution. Unless
otherwise specified, such discussion usually is not recorded, as it is not testimony. Some
prosecutors require everything transpiring in a grand jury proceeding to be recorded and
transcribed because the transcript provides a means of educating the assigned prosecuting
attorney. Consideration should be given to making it mandatory to record everything said, not
just to educate attorneys but to have a complete record.
After all of the testimony is completed and the grand jury is ready to commence its
deliberations and vote, the official reporter should leave.
Due to the oath of secrecy, an official reporter must prepare the transcript, unless a
transcriptionist is appointed and sworn under the same oath as the reporter.
A transcript is made solely for the benefit of the prosecutor and grand jury and, absent court
order, is not to be provided to anyone else. Some public local laws expressly state that notes,
and transcripts, of grand jury proceedings are to be retained in the custody of the prosecutor.
3. Interpreter.
On occasion, a juror, party or witness may need an interpreter(s). For example, even if a
defendant speaks or understands some English, understanding all – not just some – of the
testimony is critical. The court will appoint, as an officer(s) of the court, one or more