Jencks Act - Grand Jury Information

Grand Jury Information

Although the government is obliged to make a record of all testimony before the grand jury, it is under no obligation to create producible material under the Jencks Act by calling key witnesses before the grand jury.

The provision of the Jencks Act relating to disclosure of a witness’ grand jury testimony address only disclosure at trial. Pretrial disclosure of such testimony is governed by Rule 6 (e) of the Federal Rules of Criminal Procedure.

The Act does not bar the pretrial disclosure of grand jury testimony where requirements of Rule 6 (e) for such disclosure have been met.

Sometimes courts will hold an in-camera hearing to determine if the material is relevant under the Act, it is not necessary for the production of documents.

It is generally necessary that the defense make a motion for the production of the prior statement of a government witness under the Jencks Act.

The motion of the defense for production should be made at the close of the testimony of the witnesses from whom the documents are sought. The request should not be made at the close of the prosecution’s case, nor prior to the close of the trial.