Right of certain persons to appear before grand jury; notice of consideration of indictment; withholding of notice.
1. A person whose indictment the district attorney intends to seek or the grand jury on its own motion intends to return, but who has not been subpoenaed to appear before the grand jury, may testify before the grand jury if he requests to do so and executes a valid waiver in writing of his constitutional privilege against self-incrimination.
2. A district attorney or a peace officer shall serve reasonable notice upon a person whose indictment is being considered by a grand jury unless the court determines that adequate cause exists to withhold notice. The notice is adequate if it:
(a) Is given to the person, his attorney of record or an attorney who claims to represent the person and gives the person not less than 5 judicial days to submit his request to testify to the district attorney; and
(b) Advises the person that he may testify before the grand jury only if he submits a written request to the district attorney and includes an address where the district attorney may send a notice of the date, time and place of the scheduled proceeding of the grand jury.
3. The district attorney may apply to the court for a determination that adequate cause exists to withhold notice if he:
(a) Determines that the notice may result in the flight of the person whose indictment is being considered, on the basis of:
(1) A previous failure of the person to appear in matters arising out of the subject matter of the proposed indictment;
(2) The fact that the person is a fugitive from justice arising from charges in another jurisdiction;
(3) Outstanding local warrants pending against the person; or
(4) Any other objective factor;
(b) Determines that the notice may endanger the life or property of other persons; or
(c) Is unable, after reasonable diligence, to notify the person.
4. If a district attorney applies to the court for a determination that adequate cause exists to withhold notice, the court shall hold a closed hearing on the matter. Upon a finding of adequate cause, the court may order that no notice be given.
Last modified: February 25, 2006