When do I get to see the transcript of witnesses who testified before the grand jury?

Unfortunately a transcript of the grand jury testimony of prosecution witnesses is generally not required to be turned over until shortly before trial and in some instances on the day of trial. The transcripts are considered Rosario material and the prosecutor is only under an obligation to turn over the testimony of witnesses who will actually testify at trial. If you testified before the grand jury, your testimony must be provided to your attorney as part of general discovery which occurs much earlier in the case. Your attorney may, however, file a motion to release the minutes at an earlier time and it is solely within the Judge’s discretion whether or not to do so.

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Douglas Schneider
Attorney at Law
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