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Resourceful guide addresses the issues faced by grand jury witnesses and provides expert instruction on how to best prepare clients. Offers guidance on choosing whether or not to testify, possible contempt charges, grand jury subpoenas and grounds on which they can be challenged, witness questioning in the grand jury room without counsel present, and issues concerning friends or associates who may be involved in the investigation. Covers every step of the grand jury process, from initial attorney-client contact through post-contempt remedies and appeals.
CHAPTER 1 - Overview of Grand Jury Procedure
Introduction
Witness visited by federal investigative agencies
Subpoena
First attorney-witness meeting
Consultation with more than one grand jury witness
Cooperative legal work
Whether to testify
Motions prior to first appearance before the grand jury
First appearance before the grand jury
Immunity hearing
Second appearance before the grand jury
Motion to show cause and contempt hearing
Third appearance before the grand jury: the testifying witness
Motion to vacate contempt
Reiterated contempt
Criminal contempt
CHAPTER 2 - SubpoEna
General considerations
Nature and power of subpoenas
Decision to issue a subpoena
Issuance of subpoenas under the Federal Rules
Formal requirements
Continued subpoenas and subsequent appearances
Witness fees and travel expenses
Material witness warrants
Motions to Quash or Modify Subpoena
Motions to quash
Form of relief
Appeal of order denying motion to quash or modify
Checklist of possible challenges to subpoenas
Competence of witness
Lack of jurisdiction venue
Grand jury?s term has expired
Substantive challenges
Subpoena Duces Tecum
General considerations
Fourth Amendment challenges
Substantive
Court test of validity of claim of privilege
Computer information
CHAPTER 3 - INJUNCTION AND INTERVENTION
Injunctions
Protective orders
Intervention
Intervention and injunction against abuse of the grand jury function
CHAPTER 4 - SELECTION AND COMPOSITION OF THE GRAND JURY
General federal statutory scheme
Standing of a witness to challenge the composition of the grand jury
Cognizable classes
Selection of grand jury foreperson
When to make the motion
Making a prima facie showing of discrimination
CHAPTER 5 - STATUTORY AND CASE-LAW FRAMEWORK OF FEDERAL GRAND JURIES
Two types of grand jury
Regular grand juries
Special grand juries
National Commission in Individual Rights
Judicial supervision of grand juries
RICO
Attorney general appointment of independent counsel
CHAPTER 6 - APPEARANCE BEFORE THE GRAND JURY
Witness has no right to challenge the constitutionality of the statute under which the grand jury is conducting its investigation
Scope of the grand jury investigation
When the witness is also the target
Right to counsel during the grand jury proceeding
Witness?s right to take notes
Instructions to the grand jury
Continuances
Refusal to take the oath
Right to disclosure of government informers
Right to disclosure of prior statements made to the FBI or other government agencies
Evidentiary objections
CHAPTER 7 - FIRST AMENDMENT
Application of First Amendment principles to grand jury proceedings
Procedure for raising First Amendment objections
Freedom of speech and association
Freedom of the press
Scholar?s privilege
Right to petition for redress of grievances
Freedom of religion
CHAPTER 8 - FIFTH AMENDMENT AND IMMUNITY
Introduction
Scope of the privilege against self-incrimination
Applicability of the privilege to grand jury proceedings
The Fifth Amendment
What questions are "incriminating"
Risks protected against by the privilege
Exceptions to application of the privilege
Waiver of the privilege
Procedure for assertion of the Fifth Amend
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