THE GRAND JURY

- THE GRAND JURY (a) Empaneling of Grand Jury. The emergency judge shall empanel and charge each grand jury at the commencement of its terms, and provide whatever services it may require including a convenient place for its deliberations. (b) Assignment of Legal Proceedings Arising Out of Grand Jury Matters. At the time of issuance of the initial affidavit, notice, motion, or grand jury subpoena, the United States Attorney shall designate in the initial document the matter to which it relates.

This designation shall be accomplished by an endorsement of the subpoena as follows: In Re: Grand Jury Matter (Calendar Year); (Numerical designation of the matter); SAMPLE: In Re: Grand Jury Matter 80-1 The subpoena shall note that any affidavit, motion or other document filed of record with the clerk of court concerning a grand jury matter shall bear that numerical designation in the caption of the grand jury matter and that papers filed by any person with respect to any grand jury matter are subject to the secrecy requirements of Rule 6.1(c). At the time of the filing of the initial affidavit, motion, notice, or other document arising out of a grand jury matter, the clerk of court shall assign at random from the block of assignment cards said initial affidavit, notice, motion or other document to the calendar of a judge of this court. All grand jury matters arising out of an investigation of the same criminal transaction or series of transactions are deemed related. The assignment of grand jury numerical designations by the United States Attorney shall be in accordance with the written statement of policy of the United States Attorney on file in the office of the clerk of court.

Each document filed after the initial document relating to the same grand jury matter shall be deemed related and assigned to the calendar of the judge to whom the - 5 - initial document was assigned. The relationship shall be determined by the clerk on the basis of the numerical designation which shall be set forth in the caption of grand jury matter. In order to assure that each particular witness or party before the grand jury has secrecy in respect to the witness’s own matters, the grand jury docket shall identify, as stated above, each matter only by calendar year and numerical designation of the investigation; but in respect to each separate witness or party whose matter comes before the court, all of the affidavits, notices, motions, orders or other documents relating to that witness or party shall be assigned a separate sequential case number by the clerk of court. For Example: 80-4-1 (This is the 4th grand jury matter for 1980.

Witness John Smith has been given the designation "1" in regard to all matters concerning him before this particular grand jury. Only he and his attorney and the United States Attorney will receive copies of documents pertaining to his matters so designated.) 80-4-2 (Same as above except that these matters concern a different witness or party, designated by the clerk as "2"). 80-4 (This is a general designation for any matters in respect to grand jury #4 that do not particularly apply only to a separate witness or party.) 1. In the case of motions filed by the government to preclude notice under 18 U.S.C. § 2705(b), the attorney for the government may take such a motion to the duty magistrate judge.

(c) Grand Jury Secrecy. In legal proceedings relating to grand jury investigations, including, but not limited to, motions to quash, limit, modify or enforce a grand jury subpoena or for a protective order with respect thereto, motions to furnish - 6 - identifying characteristics to the grand jury or its agent, or to compel testimony before the grand jury, and motions for an order of immunity: 1. The United States (whether acting as a party or as counsel for the grand jury) shall not disclose the identity of any grand jury witness, person under investigation or specific grand jury investigative subject area in any affidavit, motion or other paper filed in the public record, nor in the caption thereof, except in camera, under seal, or where the paper is already subject to an order of impoundment; provided, however, that the United States may disclose in such affidavit, motion or other paper, the identity of a grand jury witness or person under investigation who, pursuant to leave of court, has previously disclosed his, her or its own identity in relation to the same proceedings in any publicly filed paper, or where such disclosure has been expressly authorized by an order of this Court; and provided further that this rule shall not prohibit attorneys for the government from the use of such matters as are necessary for the performance of their duties in accordance with Federal Criminal Rule 6(e). 2.

No person shall disclose in any affidavit, motion or other paper filed in the public record, nor in the caption thereof, the identity of any grand jury witness, or person under investigation or specific grand jury investigative subject area, other than that of himself, herself, or itself unless in camera, under seal, or where the paper is already subject to an order of impoundment, except where the grand jury witness or person under investigation has, pursuant to leave of court, disclosed his, her or its own identity in relation to the same proceedings in any publicly filed paper, or where such disclosure has been expressly authorized by an order of this Court. - 7 - 3. In order to facilitate implementation of this rule, any motion, affidavit or other paper relating to matters or proceedings before the grand jury may be filed anonymously or pseudonymously, with the name or information thus protected provided to the Court in camera and under seal. 4. In order to facilitate implementation of this rule, and to avoid inadvertent disclosures of the identity of any grand jury witness, person under investigation, or specific grand jury investigation subject area, all motions, affidavits or other papers relative to legal proceedings relating to grand jury investigations shall be automatically impounded, i.e. filed under seal, by the Clerk of Court.

The Clerk of Court shall thereupon forthwith transmit the motions, affidavits, or other papers to the assigned judge. Any grand jury witness or person under investigation who desires to have his, her or its name disclosed upon the public record shall file with the assigned judge a motion for authorization to make such disclosure. Leave to disclose shall be freely given, subject to appropriate provision protecting grand jury secrecy as to other persons and matters. (d) Deputy Clerk to Assist Grand Jury.

The Clerk of Court shall designate a deputy to serve as Clerk to the Grand Jury. Such Deputy Clerk shall keep a docket and appropriate records relating to grand jury proceedings and assist in providing whatever services the Grand Jury may require. (e) Return of Grand Jury Indictments. Grand Jury returns shall be made to the duty magistrate judge and in his or her absence, to the emergency judge.

Effective September 18, 2018 - 8 -