{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-215.9.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-215.9.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-215.9.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-215.9.html"}],"law_id":69064,"edition_id":1,"section_id":69064,"structure_id":15227,"section_number":"19.2-215.9","catch_line":"Court reporter provided; safekeeping of transcripts, notes, etc.; when disclosure permitted; access to record of testimony and evidence","history":"1983, c. 543; 2014, c. 389; 2016, c. 262; 2019, c. 522.","full_text":"A\n\nA court reporter shall be provided for a multi-jurisdiction grand jury to record, manually or electronically, and transcribe all oral testimony taken before a multi-jurisdiction grand jury, but such a reporter shall not be present during any stage of its deliberations. Such transcription shall include the original or copies of all documents, reports, or other evidence presented to the multi-jurisdiction grand jury. The notes, tapes, and transcriptions of the reporter are for the use of the multi-jurisdiction grand jury, and the contents thereof shall not be used or divulged by anyone except as provided in this article. After the multi-jurisdiction grand jury has completed its use of the notes, tapes, and transcriptions, the foreman shall cause them to be delivered to the clerk of the circuit court in whose jurisdiction the multi-jurisdiction grand jury sits, with copies provided to special counsel. Upon motion of special counsel, the presiding judge may order that such notes, tapes, and transcriptions be destroyed at the direction of special counsel by any means the presiding judge deems sufficient, provided that at least seven years have passed from the date of the multi-jurisdiction grand jury proceeding where such notes, tapes, and transcriptions were made.B\n\nThe clerk shall cause the notes, tapes, and transcriptions or other evidence to be kept safely. Upon motion to the presiding judge, special counsel or the attorney for the Commonwealth or United States attorney of any jurisdiction where the offense could be prosecuted or investigated shall be permitted to review any of the evidence which was presented to the multi-jurisdiction grand jury and shall be permitted to make notes and to duplicate portions of the evidence as he deems necessary for use in a criminal investigation or proceeding. Special counsel, the attorney for the Commonwealth, or the United States attorney shall maintain the secrecy of all information obtained from a review or duplication of the evidence presented to the multi-jurisdiction grand jury, except that this information may be disclosed pursuant to the provisions of subdivision 2 of &#xA7; 19.2-215.1. A United States attorney satisfies his duty to maintain secrecy of information obtained from a review or duplication of evidence presented to the multi-jurisdiction grand jury if such information is maintained in accordance with the Federal Rules of Criminal Procedure. After a person has been indicted by a grand jury, the attorney for the Commonwealth shall notify such person that the multi-jurisdiction grand jury was used to obtain evidence for a prosecution. Upon motion to the presiding judge by a person indicted by a multi-jurisdiction grand jury or by a person being prosecuted with evidence presented to a multi-jurisdiction grand jury, similar permission to review, note, or duplicate evidence shall be extended.\n\t\t\tAny person granted permission to make notes and to duplicate portions of the evidence given before the multi-jurisdiction grand jury shall maintain the secrecy of all information obtained from a review or duplication of the evidence presented to the multi-jurisdiction grand jury, except for disclosure as he deems necessary for use in a criminal investigation or proceeding. The timing of the access to such evidence shall be determined by the presiding judge after a hearing on the matter, if the parties do not otherwise agree. Any person granted permission herein is precluded from making additional copies of these materials, except as he deems necessary for use in a criminal investigation or proceeding, without permission of the presiding judge and is to notify the presiding judge and the attorney for the Commonwealth immediately if these materials are lost or their secrecy has not been maintained.C\n\nIf any witness who testified or produced evidence before the multi-jurisdiction grand jury is prosecuted on the basis of his testimony or the evidence he produced, or if any witness is prosecuted for perjury on the basis of his testimony or the evidence he produced before the multi-jurisdiction grand jury, the presiding judge, on motion of either special counsel or the defendant, shall permit the defendant access to the testimony of or evidence produced by the defendant before the multi-jurisdiction grand jury. The testimony and the evidence produced by the defendant before the multi-jurisdiction grand jury shall then be admissible in the trial of the criminal offense with which the defendant is charged (i) to establish a charge of perjury in the Commonwealth&#8217;s case-in-chief on the basis of his testimony before the multi-jurisdiction grand jury and (ii) for the purpose of impeaching the defendant in the trial of any other criminal matter, provided the testimony or evidence being used for impeachment was produced by the defendant voluntarily before the multi-jurisdiction grand jury.","order_by":null,"text":{"0":{"id":249996,"text":"A court reporter shall be provided for a multi-jurisdiction grand jury to record, manually or electronically, and transcribe all oral testimony taken before a multi-jurisdiction grand jury, but such a reporter shall not be present during any stage of its deliberations. Such transcription shall include the original or copies of all documents, reports, or other evidence presented to the multi-jurisdiction grand jury. The notes, tapes, and transcriptions of the reporter are for the use of the multi-jurisdiction grand jury, and the contents thereof shall not be used or divulged by anyone except as provided in this article. After the multi-jurisdiction grand jury has completed its use of the notes, tapes, and transcriptions, the foreman shall cause them to be delivered to the clerk of the circuit court in whose jurisdiction the multi-jurisdiction grand jury sits, with copies provided to special counsel. Upon motion of special counsel, the presiding judge may order that such notes, tapes, and transcriptions be destroyed at the direction of special counsel by any means the presiding judge deems sufficient, provided that at least seven years have passed from the date of the multi-jurisdiction grand jury proceeding where such notes, tapes, and transcriptions were made.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":249997,"text":"The clerk shall cause the notes, tapes, and transcriptions or other evidence to be kept safely. Upon motion to the presiding judge, special counsel or the attorney for the Commonwealth or United States attorney of any jurisdiction where the offense could be prosecuted or investigated shall be permitted to review any of the evidence which was presented to the multi-jurisdiction grand jury and shall be permitted to make notes and to duplicate portions of the evidence as he deems necessary for use in a criminal investigation or proceeding. Special counsel, the attorney for the Commonwealth, or the United States attorney shall maintain the secrecy of all information obtained from a review or duplication of the evidence presented to the multi-jurisdiction grand jury, except that this information may be disclosed pursuant to the provisions of subdivision 2 of &#xA7; 19.2-215.1. A United States attorney satisfies his duty to maintain secrecy of information obtained from a review or duplication of evidence presented to the multi-jurisdiction grand jury if such information is maintained in accordance with the Federal Rules of Criminal Procedure. After a person has been indicted by a grand jury, the attorney for the Commonwealth shall notify such person that the multi-jurisdiction grand jury was used to obtain evidence for a prosecution. Upon motion to the presiding judge by a person indicted by a multi-jurisdiction grand jury or by a person being prosecuted with evidence presented to a multi-jurisdiction grand jury, similar permission to review, note, or duplicate evidence shall be extended.\n\t\t\tAny person granted permission to make notes and to duplicate portions of the evidence given before the multi-jurisdiction grand jury shall maintain the secrecy of all information obtained from a review or duplication of the evidence presented to the multi-jurisdiction grand jury, except for disclosure as he deems necessary for use in a criminal investigation or proceeding. The timing of the access to such evidence shall be determined by the presiding judge after a hearing on the matter, if the parties do not otherwise agree. Any person granted permission herein is precluded from making additional copies of these materials, except as he deems necessary for use in a criminal investigation or proceeding, without permission of the presiding judge and is to notify the presiding judge and the attorney for the Commonwealth immediately if these materials are lost or their secrecy has not been maintained.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":249998,"text":"If any witness who testified or produced evidence before the multi-jurisdiction grand jury is prosecuted on the basis of his testimony or the evidence he produced, or if any witness is prosecuted for perjury on the basis of his testimony or the evidence he produced before the multi-jurisdiction grand jury, the presiding judge, on motion of either special counsel or the defendant, shall permit the defendant access to the testimony of or evidence produced by the defendant before the multi-jurisdiction grand jury. The testimony and the evidence produced by the defendant before the multi-jurisdiction grand jury shall then be admissible in the trial of the criminal offense with which the defendant is charged (i) to establish a charge of perjury in the Commonwealth&#8217;s case-in-chief on the basis of his testimony before the multi-jurisdiction grand jury and (ii) for the purpose of impeaching the defendant in the trial of any other criminal matter, provided the testimony or evidence being used for impeachment was produced by the defendant voluntarily before the multi-jurisdiction grand jury.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15227,"edition_id":1,"name":"Multi-Jurisdiction Grand Juries","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":14961,"metadata":{},"date_created":"2026-06-26 03:53:11","date_modified":"2026-06-26 03:53:11","permalink":{"id":168815,"object_type":"structure","relational_id":15227,"identifier":"4","token":"19.2\/13\/4","url":"\/19.2\/13\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14961,"edition_id":1,"name":"Grand Juries","identifier":"13","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:51:07","date_modified":"2026-06-26 03:51:07","permalink":{"id":168699,"object_type":"structure","relational_id":14961,"identifier":"13","token":"19.2\/13","url":"\/19.2\/13\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77143,"structure_id":15227,"section_number":"19.2-215.1","catch_line":"Functions of a multi-jurisdiction grand jury","url":"\/19.2-215.1\/","token":"19.2\/13\/4\/19.2-215.1","metadata":false},{"id":57982,"structure_id":15227,"section_number":"19.2-215.10","catch_line":"Participation by Office of Attorney General; assistance of special counsel permitted in certain prosecutions","url":"\/19.2-215.10\/","token":"19.2\/13\/4\/19.2-215.10","metadata":false},{"id":76814,"structure_id":15227,"section_number":"19.2-215.11","catch_line":"Discharge of grand jury","url":"\/19.2-215.11\/","token":"19.2\/13\/4\/19.2-215.11","metadata":false},{"id":83099,"structure_id":15227,"section_number":"19.2-215.2","catch_line":"Application for such grand jury","url":"\/19.2-215.2\/","token":"19.2\/13\/4\/19.2-215.2","metadata":false},{"id":72986,"structure_id":15227,"section_number":"19.2-215.3","catch_line":"When impaneled; impaneling order","url":"\/19.2-215.3\/","token":"19.2\/13\/4\/19.2-215.3","metadata":false},{"id":65310,"structure_id":15227,"section_number":"19.2-215.4","catch_line":"Number and qualifications of jurors; grand jury list; when convened; compensation of jurors","url":"\/19.2-215.4\/","token":"19.2\/13\/4\/19.2-215.4","metadata":false},{"id":73674,"structure_id":15227,"section_number":"19.2-215.5","catch_line":"Subpoena power; counsel for witness; oath","url":"\/19.2-215.5\/","token":"19.2\/13\/4\/19.2-215.5","metadata":false},{"id":82203,"structure_id":15227,"section_number":"19.2-215.6","catch_line":"Role and presence of special counsel; examination of witnesses; sworn investigators","url":"\/19.2-215.6\/","token":"19.2\/13\/4\/19.2-215.6","metadata":false},{"id":78523,"structure_id":15227,"section_number":"19.2-215.7","catch_line":"Warnings given to witnesses; when witness in contempt; use of testimony compelled after witness invokes right against self-incrimination","url":"\/19.2-215.7\/","token":"19.2\/13\/4\/19.2-215.7","metadata":false},{"id":75289,"structure_id":15227,"section_number":"19.2-215.8","catch_line":"Returning a \"true bill\" of indictment; jurisdiction to be set out","url":"\/19.2-215.8\/","token":"19.2\/13\/4\/19.2-215.8","metadata":false},{"id":69064,"structure_id":15227,"section_number":"19.2-215.9","catch_line":"Court reporter provided; safekeeping of transcripts, notes, etc.; when disclosure permitted; access to record of testimony and evidence","url":"\/19.2-215.9\/","token":"19.2\/13\/4\/19.2-215.9","metadata":false}],"previous_section":{"id":75289,"structure_id":15227,"section_number":"19.2-215.8","catch_line":"Returning a \"true bill\" of indictment; jurisdiction to be set out","url":"\/19.2-215.8\/","token":"19.2\/13\/4\/19.2-215.8","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-215.9\/","history_text":"<p>This law was first created in 1983. The record of its establishment is cataloged in chapter 543 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1983 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2014, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0389\">389<\/a>; in 2016, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0262\">262<\/a>; in 2019, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0522\">522<\/a>.<\/p>","references":[{"id":77143,"section_number":"19.2-215.1","catch_line":"Functions of a multi-jurisdiction grand jury","order_by":null,"url":"\/19.2-215.1\/"}],"refers_to":[{"id":77143,"section_number":"19.2-215.1","catch_line":"Functions of a multi-jurisdiction grand jury","order_by":null,"url":"\/19.2-215.1\/"}],"permalink":{"id":168857,"object_type":"law","relational_id":69064,"identifier":"19.2-215.9","token":"19.2\/13\/4\/19.2-215.9","url":"\/19.2-215.9\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-215.9\/","token":"19.2\/13\/4\/19.2-215.9","dublin_core":{"Title":"Court reporter provided; safekeeping of transcripts, notes, etc.; when disclosure permitted; access to record of testimony and evidence","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-215.9","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> A <span class=\"dictionary\">court reporter<\/span> shall be provided for a multi-<span class=\"dictionary\">jurisdiction<\/span> <span class=\"dictionary\">grand jury<\/span> to record, manually or electronically, and transcribe all oral <span class=\"dictionary\">testimony<\/span> taken before a multi-<span class=\"dictionary\">jurisdiction<\/span> <span class=\"dictionary\">grand jury<\/span>, but such a reporter shall not be present during any stage of its <span class=\"dictionary\">deliberations<\/span>. Such transcription shall include the original or copies of all documents, reports, or other <span class=\"dictionary\">evidence<\/span> presented to the multi-<span class=\"dictionary\">jurisdiction<\/span> <span class=\"dictionary\">grand jury<\/span>. The notes, tapes, and transcriptions of the reporter are for the use of the multi-<span class=\"dictionary\">jurisdiction<\/span> <span class=\"dictionary\">grand jury<\/span>, and the contents thereof shall not be used or divulged by anyone except as provided in this article. After the multi-<span class=\"dictionary\">jurisdiction<\/span> <span class=\"dictionary\">grand jury<\/span> has completed its use of the notes, tapes, and transcriptions, the <span class=\"dictionary\">foreman<\/span> shall cause them to be delivered to the clerk of the <span class=\"dictionary\">circuit<\/span> court in whose <span class=\"dictionary\">jurisdiction<\/span> the multi-<span class=\"dictionary\">jurisdiction<\/span> <span class=\"dictionary\">grand jury<\/span> sits, with copies provided to special <span class=\"dictionary\">counsel<\/span>. Upon <span class=\"dictionary\">motion<\/span> of special <span class=\"dictionary\">counsel<\/span>, the presiding <span class=\"dictionary\">judge<\/span> may <span class=\"dictionary\">order<\/span> that such notes, tapes, and transcriptions be destroyed at the direction of special <span class=\"dictionary\">counsel<\/span> by any means the presiding <span class=\"dictionary\">judge<\/span> deems sufficient, provided that at least seven years have passed from the date of the multi-<span class=\"dictionary\">jurisdiction<\/span> <span class=\"dictionary\">grand jury<\/span> proceeding where such notes, tapes, and transcriptions were made. <a id=\"paragraph-249996\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-215.9\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The clerk shall cause the notes, tapes, and transcriptions or other <span class=\"dictionary\">evidence<\/span> to be kept safely. Upon <span class=\"dictionary\">motion<\/span> to the presiding <span class=\"dictionary\">judge<\/span>, special <span class=\"dictionary\">counsel<\/span> or the attorney for the Commonwealth or United States attorney of any <span class=\"dictionary\">jurisdiction<\/span> where the <span class=\"dictionary\">offense<\/span> could be prosecuted or investigated shall be permitted to review any of the <span class=\"dictionary\">evidence<\/span> which was presented to the multi-<span class=\"dictionary\">jurisdiction<\/span> <span class=\"dictionary\">grand jury<\/span> and shall be permitted to make notes and to duplicate portions of the <span class=\"dictionary\">evidence<\/span> as he deems necessary for use in a criminal investigation or proceeding. Special <span class=\"dictionary\">counsel<\/span>, the attorney for the Commonwealth, or the United States attorney shall maintain the secrecy of all information obtained from a review or duplication of the <span class=\"dictionary\">evidence<\/span> presented to the multi-<span class=\"dictionary\">jurisdiction<\/span> <span class=\"dictionary\">grand jury<\/span>, except that this information may be disclosed pursuant to the provisions of subdivision 2 of &#xA7; <a class=\"law\" title=\"Functions of a multi-jurisdiction grand jury\" href=\"\/19.2-215.1\/\">19.2-215.1<\/a>. A United States attorney satisfies his duty to maintain secrecy of information obtained from a review or duplication of <span class=\"dictionary\">evidence<\/span> presented to the multi-<span class=\"dictionary\">jurisdiction<\/span> <span class=\"dictionary\">grand jury<\/span> if such information is maintained in accordance with the Federal Rules of Criminal Procedure. After a person has been indicted by a <span class=\"dictionary\">grand jury<\/span>, the attorney for the Commonwealth shall notify such person that the multi-<span class=\"dictionary\">jurisdiction<\/span> <span class=\"dictionary\">grand jury<\/span> was used to obtain <span class=\"dictionary\">evidence<\/span> for a <span class=\"dictionary\">prosecution<\/span>. Upon <span class=\"dictionary\">motion<\/span> to the presiding <span class=\"dictionary\">judge<\/span> by a person indicted by a multi-<span class=\"dictionary\">jurisdiction<\/span> <span class=\"dictionary\">grand jury<\/span> or by a person being prosecuted with <span class=\"dictionary\">evidence<\/span> presented to a multi-<span class=\"dictionary\">jurisdiction<\/span> <span class=\"dictionary\">grand jury<\/span>, similar permission to review, note, or duplicate <span class=\"dictionary\">evidence<\/span> shall be extended.\n\t\t\tAny person granted permission to make notes and to duplicate portions of the <span class=\"dictionary\">evidence<\/span> given before the multi-<span class=\"dictionary\">jurisdiction<\/span> <span class=\"dictionary\">grand jury<\/span> shall maintain the secrecy of all information obtained from a review or duplication of the <span class=\"dictionary\">evidence<\/span> presented to the multi-<span class=\"dictionary\">jurisdiction<\/span> <span class=\"dictionary\">grand jury<\/span>, except for disclosure as he deems necessary for use in a criminal investigation or proceeding. The timing of the access to such <span class=\"dictionary\">evidence<\/span> shall be determined by the presiding <span class=\"dictionary\">judge<\/span> after a <span class=\"dictionary\">hearing<\/span> on the matter, if the parties do not otherwise agree. Any person granted permission herein is precluded from making additional copies of these <span class=\"dictionary\">materials<\/span>, except as he deems necessary for use in a criminal investigation or proceeding, without permission of the presiding <span class=\"dictionary\">judge<\/span> and is to notify the presiding <span class=\"dictionary\">judge<\/span> and the attorney for the Commonwealth immediately if these <span class=\"dictionary\">materials<\/span> are lost or their secrecy has not been maintained. <a id=\"paragraph-249997\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-215.9\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> If any <span class=\"dictionary\">witness<\/span> who testified or produced <span class=\"dictionary\">evidence<\/span> before the multi-<span class=\"dictionary\">jurisdiction<\/span> <span class=\"dictionary\">grand jury<\/span> is prosecuted on the basis of his <span class=\"dictionary\">testimony<\/span> or the <span class=\"dictionary\">evidence<\/span> he produced, or if any <span class=\"dictionary\">witness<\/span> is prosecuted for <span class=\"dictionary\">perjury<\/span> on the basis of his <span class=\"dictionary\">testimony<\/span> or the <span class=\"dictionary\">evidence<\/span> he produced before the multi-<span class=\"dictionary\">jurisdiction<\/span> <span class=\"dictionary\">grand jury<\/span>, the presiding <span class=\"dictionary\">judge<\/span>, on <span class=\"dictionary\">motion<\/span> of either special <span class=\"dictionary\">counsel<\/span> or the <span class=\"dictionary\">defendant<\/span>, shall permit the <span class=\"dictionary\">defendant<\/span> access to the <span class=\"dictionary\">testimony<\/span> of or <span class=\"dictionary\">evidence<\/span> produced by the <span class=\"dictionary\">defendant<\/span> before the multi-<span class=\"dictionary\">jurisdiction<\/span> <span class=\"dictionary\">grand jury<\/span>. The <span class=\"dictionary\">testimony<\/span> and the <span class=\"dictionary\">evidence<\/span> produced by the <span class=\"dictionary\">defendant<\/span> before the multi-<span class=\"dictionary\">jurisdiction<\/span> <span class=\"dictionary\">grand jury<\/span> shall then be <span class=\"dictionary\">admissible<\/span> in the <span class=\"dictionary\">trial<\/span> of the criminal <span class=\"dictionary\">offense<\/span> with which the <span class=\"dictionary\">defendant<\/span> is charged (i) to establish a charge of <span class=\"dictionary\">perjury<\/span> in the Commonwealth&#8217;s case-in-chief on the basis of his <span class=\"dictionary\">testimony<\/span> before the multi-<span class=\"dictionary\">jurisdiction<\/span> <span class=\"dictionary\">grand jury<\/span> and (ii) for the purpose of impeaching the <span class=\"dictionary\">defendant<\/span> in the <span class=\"dictionary\">trial<\/span> of any other criminal matter, provided the <span class=\"dictionary\">testimony<\/span> or <span class=\"dictionary\">evidence<\/span> being used for <span class=\"dictionary\">impeachment<\/span> was produced by the <span class=\"dictionary\">defendant<\/span> voluntarily before the multi-<span class=\"dictionary\">jurisdiction<\/span> <span class=\"dictionary\">grand jury<\/span>. <a id=\"paragraph-249998\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-215.9\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCOURT REPORTER PROVIDED; SAFEKEEPING OF TRANSCRIPTS, NOTES, ETC.; WHEN\nDISCLOSURE PERMITTED; ACCESS TO RECORD OF TESTIMONY AND EVIDENCE (\u00a7 19.2-215.9)\n\nA. A court reporter shall be provided for a multi-jurisdiction grand jury to\nrecord, manually or electronically, and transcribe all oral testimony taken\nbefore a multi-jurisdiction grand jury, but such a reporter shall not be present\nduring any stage of its deliberations. Such transcription shall include the\noriginal or copies of all documents, reports, or other evidence presented to the\nmulti-jurisdiction grand jury. The notes, tapes, and transcriptions of the\nreporter are for the use of the multi-jurisdiction grand jury, and the contents\nthereof shall not be used or divulged by anyone except as provided in this\narticle. After the multi-jurisdiction grand jury has completed its use of the\nnotes, tapes, and transcriptions, the foreman shall cause them to be delivered\nto the clerk of the circuit court in whose jurisdiction the multi-jurisdiction\ngrand jury sits, with copies provided to special counsel. Upon motion of special\ncounsel, the presiding judge may order that such notes, tapes, and\ntranscriptions be destroyed at the direction of special counsel by any means the\npresiding judge deems sufficient, provided that at least seven years have passed\nfrom the date of the multi-jurisdiction grand jury proceeding where such notes,\ntapes, and transcriptions were made.\n\nB. The clerk shall cause the notes, tapes, and transcriptions or other evidence\nto be kept safely. Upon motion to the presiding judge, special counsel or the\nattorney for the Commonwealth or United States attorney of any jurisdiction\nwhere the offense could be prosecuted or investigated shall be permitted to\nreview any of the evidence which was presented to the multi-jurisdiction grand\njury and shall be permitted to make notes and to duplicate portions of the\nevidence as he deems necessary for use in a criminal investigation or\nproceeding. Special counsel, the attorney for the Commonwealth, or the United\nStates attorney shall maintain the secrecy of all information obtained from a\nreview or duplication of the evidence presented to the multi-jurisdiction grand\njury, except that this information may be disclosed pursuant to the provisions\nof subdivision 2 of &#xA7; 19.2-215.1. A United States attorney satisfies his\nduty to maintain secrecy of information obtained from a review or duplication of\nevidence presented to the multi-jurisdiction grand jury if such information is\nmaintained in accordance with the Federal Rules of Criminal Procedure. After a\nperson has been indicted by a grand jury, the attorney for the Commonwealth\nshall notify such person that the multi-jurisdiction grand jury was used to\nobtain evidence for a prosecution. Upon motion to the presiding judge by a\nperson indicted by a multi-jurisdiction grand jury or by a person being\nprosecuted with evidence presented to a multi-jurisdiction grand jury, similar\npermission to review, note, or duplicate evidence shall be extended.\n\t\t\tAny person granted permission to make notes and to duplicate portions of the\nevidence given before the multi-jurisdiction grand jury shall maintain the\nsecrecy of all information obtained from a review or duplication of the evidence\npresented to the multi-jurisdiction grand jury, except for disclosure as he\ndeems necessary for use in a criminal investigation or proceeding. The timing of\nthe access to such evidence shall be determined by the presiding judge after a\nhearing on the matter, if the parties do not otherwise agree. Any person granted\npermission herein is precluded from making additional copies of these materials,\nexcept as he deems necessary for use in a criminal investigation or proceeding,\nwithout permission of the presiding judge and is to notify the presiding judge\nand the attorney for the Commonwealth immediately if these materials are lost or\ntheir secrecy has not been maintained.\n\nC. If any witness who testified or produced evidence before the\nmulti-jurisdiction grand jury is prosecuted on the basis of his testimony or the\nevidence he produced, or if any witness is prosecuted for perjury on the basis\nof his testimony or the evidence he produced before the multi-jurisdiction grand\njury, the presiding judge, on motion of either special counsel or the defendant,\nshall permit the defendant access to the testimony of or evidence produced by\nthe defendant before the multi-jurisdiction grand jury. The testimony and the\nevidence produced by the defendant before the multi-jurisdiction grand jury\nshall then be admissible in the trial of the criminal offense with which the\ndefendant is charged (i) to establish a charge of perjury in the\nCommonwealth&#8217;s case-in-chief on the basis of his testimony before the\nmulti-jurisdiction grand jury and (ii) for the purpose of impeaching the\ndefendant in the trial of any other criminal matter, provided the testimony or\nevidence being used for impeachment was produced by the defendant voluntarily\nbefore the multi-jurisdiction grand jury.\n\nHISTORY: 1983, c. 543; 2014, c. 389; 2016, c. 262; 2019, c. 522.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}