In light of the possibility of prosecution even for “inconsistent” answers before the grand jury, and since neither the spirit nor letter of FED. R. CRIM. PRO. Rule 6(e) precludes a witness from obtaining a transcript of his own testimony, the witness who is recalled before a grand jury should be provided a transcription of that testimony.


Bursey v. U.S., 466 F.2d 1059 (9th Cir. 1972);

In re Minkoff, 346 F.Supp. 154 (D.R.I. 1972);

In re Russo, 53 F.R.D. 564 (C.D. Cal. 1971).

See also Brown v. U.S., 245 F.2d 549 (8th Cir. 1957).


A witness should be entitled to a transcript of his own testimony, otherwise he cannot be held in contempt for refusal to testify. In re Ferris, 512 F. Supp. 91 (D.C. Nev. 1981) (permitting a witness to disclose his own testimony will not interfere with a grand juror’s ability to deliberate and vote in secret).

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