{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/19.2-208.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/19.2-208.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/19.2-208.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/19.2-208.html"}],"law_id":351425,"edition_id":2,"section_id":351425,"structure_id":50259,"section_number":"19.2-208","catch_line":"Subpoena power of special grand jury","history":"1975, c. 495; 2001, c. 4; 2003, c. 565.","full_text":"The special grand jury may subpoena persons to appear before it to testify and to produce specified records, papers, and documents or other tangible things, but before any witness testifies, he shall be warned by the foreman that he need not answer any questions or produce any evidence that would tend to incriminate him, and that the witness may have counsel of his own procurement present when he appears to testify, and at the same time the foreman also shall warn each witness that he may later be called upon to testify in any case that might grow out of the investigation and report of the special grand jury.\n\nA witness who has been called to testify or produce specified records, papers and documents or other tangible things before a grand jury requested by the attorney for the Commonwealth, and who refuses to testify or produce specified records, papers and documents or other tangible things by expressly invoking his right not to incriminate himself, may be compelled to testify or produce specified records, papers and documents or other tangible things by the presiding judge. Such witness who refuses to testify or produce specified records, papers and documents or other tangible things after being ordered to do so by the presiding judge may be held in contempt and may be incarcerated until the contempt is purged by compliance with the order or the grand jury is discharged. When a witness is compelled to testify or produce specified records, papers and documents or other tangible things after expressly invoking his right not to incriminate himself, and the presiding judge has determined that the assertion of the right is bona fide, the compelled testimony, or any information directly or indirectly derived from such testimony or other information, shall not be used against the witness in any criminal proceeding except a prosecution for perjury.\n\nNotwithstanding the provisions of this section, all provisions of this Code relative to immunity granted to witnesses who testify before a grand jury shall remain applicable.\n\nThe foreman shall administer the oath prescribed by law for witnesses, and any member of the special grand jury may examine a witness.\n\n","order_by":null,"text":{"0":{"id":1308533,"text":"The special grand jury may subpoena persons to appear before it to testify and to produce specified records, papers, and documents or other tangible things, but before any witness testifies, he shall be warned by the foreman that he need not answer any questions or produce any evidence that would tend to incriminate him, and that the witness may have counsel of his own procurement present when he appears to testify, and at the same time the foreman also shall warn each witness that he may later be called upon to testify in any case that might grow out of the investigation and report of the special grand jury.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":""},"1":{"id":1308534,"text":"A witness who has been called to testify or produce specified records, papers and documents or other tangible things before a grand jury requested by the attorney for the Commonwealth, and who refuses to testify or produce specified records, papers and documents or other tangible things by expressly invoking his right not to incriminate himself, may be compelled to testify or produce specified records, papers and documents or other tangible things by the presiding judge. Such witness who refuses to testify or produce specified records, papers and documents or other tangible things after being ordered to do so by the presiding judge may be held in contempt and may be incarcerated until the contempt is purged by compliance with the order or the grand jury is discharged. When a witness is compelled to testify or produce specified records, papers and documents or other tangible things after expressly invoking his right not to incriminate himself, and the presiding judge has determined that the assertion of the right is bona fide, the compelled testimony, or any information directly or indirectly derived from such testimony or other information, shall not be used against the witness in any criminal proceeding except a prosecution for perjury.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"2":{"id":1308535,"text":"Notwithstanding the provisions of this section, all provisions of this Code relative to immunity granted to witnesses who testify before a grand jury shall remain applicable.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"3":{"id":1308536,"text":"The foreman shall administer the oath prescribed by law for witnesses, and any member of the special grand jury may examine a witness.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":""}},"ancestry":[{"id":50259,"edition_id":2,"name":"Special Grand Juries","identifier":"3","label":"article","depth":3,"order_by":3,"parent_id":50256,"metadata":{"child_laws":11,"child_structures":0},"date_created":"2026-08-02 02:25:33","date_modified":"2026-08-02 12:30:42","permalink":{"id":1395771,"object_type":"structure","relational_id":50259,"identifier":"3","token":"19.2\/13\/3","url":"\/19.2\/13\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50256,"edition_id":2,"name":"Grand Juries","identifier":"13","label":"chapter","depth":2,"order_by":17,"parent_id":50226,"metadata":{"child_laws":38,"child_structures":4},"date_created":"2026-08-02 02:25:30","date_modified":"2026-08-02 12:30:41","permalink":{"id":1395701,"object_type":"structure","relational_id":50256,"identifier":"13","token":"19.2\/13","url":"\/19.2\/13\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50226,"edition_id":2,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":54,"parent_id":null,"metadata":{"child_laws":771,"child_structures":99},"date_created":"2026-08-02 02:25:04","date_modified":"2026-08-02 12:30:30","permalink":{"id":1395171,"object_type":"structure","relational_id":50226,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":351423,"structure_id":50259,"section_number":"19.2-206","catch_line":"When impanelled","url":"\/19.2-206\/","token":"19.2\/13\/3\/19.2-206","metadata":false},{"id":351424,"structure_id":50259,"section_number":"19.2-207","catch_line":"Composition of a special grand jury","url":"\/19.2-207\/","token":"19.2\/13\/3\/19.2-207","metadata":false},{"id":351425,"structure_id":50259,"section_number":"19.2-208","catch_line":"Subpoena power of special grand jury","url":"\/19.2-208\/","token":"19.2\/13\/3\/19.2-208","metadata":false},{"id":351426,"structure_id":50259,"section_number":"19.2-209","catch_line":"Presence of counsel for a witness","url":"\/19.2-209\/","token":"19.2\/13\/3\/19.2-209","metadata":false},{"id":351428,"structure_id":50259,"section_number":"19.2-210","catch_line":"Presence of attorney for the Commonwealth","url":"\/19.2-210\/","token":"19.2\/13\/3\/19.2-210","metadata":false},{"id":351429,"structure_id":50259,"section_number":"19.2-211","catch_line":"Provision for special counsel and other personnel","url":"\/19.2-211\/","token":"19.2\/13\/3\/19.2-211","metadata":false},{"id":351430,"structure_id":50259,"section_number":"19.2-212","catch_line":"Provision for court reporter; use and disposition of notes, tapes and transcriptions","url":"\/19.2-212\/","token":"19.2\/13\/3\/19.2-212","metadata":false},{"id":351432,"structure_id":50259,"section_number":"19.2-213","catch_line":"Report by special grand jury; return of true bill","url":"\/19.2-213\/","token":"19.2\/13\/3\/19.2-213","metadata":false},{"id":351431,"structure_id":50259,"section_number":"19.2-213.1","catch_line":"Discharge of special grand jury","url":"\/19.2-213.1\/","token":"19.2\/13\/3\/19.2-213.1","metadata":false},{"id":351433,"structure_id":50259,"section_number":"19.2-214","catch_line":"Prosecutions resulting from report","url":"\/19.2-214\/","token":"19.2\/13\/3\/19.2-214","metadata":false},{"id":351445,"structure_id":50259,"section_number":"19.2-215","catch_line":"Costs of special grand jury","url":"\/19.2-215\/","token":"19.2\/13\/3\/19.2-215","metadata":false}],"previous_section":{"id":351424,"structure_id":50259,"section_number":"19.2-207","catch_line":"Composition of a special grand jury","url":"\/19.2-207\/","token":"19.2\/13\/3\/19.2-207","metadata":false},"next_section":{"id":351426,"structure_id":50259,"section_number":"19.2-209","catch_line":"Presence of counsel for a witness","url":"\/19.2-209\/","token":"19.2\/13\/3\/19.2-209","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-208\/","history_text":"

This law was first created in 1975. The record of its establishment is cataloged in chapter 495 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1975 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2001, chapter 4<\/a>; in 2003, chapter 565<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1395781,"object_type":"law","relational_id":351425,"identifier":"19.2-208","token":"19.2\/13\/3\/19.2-208","url":"\/19.2-208\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/19.2-208\/","token":"19.2\/13\/3\/19.2-208","dublin_core":{"Title":"Subpoena power of special grand jury","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-208","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The special grand jury<\/span> may subpoena<\/span> persons to appear before it to testify and to produce specified records, papers, and documents or other tangible things, but before any witness<\/span> testifies, he shall be warned by the foreman<\/span> that he need not answer any questions or produce any evidence<\/span> that would tend to incriminate<\/span> him, and that the witness<\/span> may have counsel<\/span> of his own procurement present when he appears to testify, and at the same time the foreman<\/span> also shall warn each witness<\/span> that he may later be called upon to testify in any case that might grow out of the investigation and report of the special grand jury<\/span>.<\/p>

A witness<\/span> who has been called to testify or produce specified records, papers and documents or other tangible things before a grand jury<\/span> requested by the attorney for the Commonwealth, and who refuses to testify or produce specified records, papers and documents or other tangible things by expressly invoking his right not to incriminate<\/span> himself, may be compelled to testify or produce specified records, papers and documents or other tangible things by the presiding judge<\/span>. Such witness<\/span> who refuses to testify or produce specified records, papers and documents or other tangible things after being ordered to do so by the presiding judge<\/span> may be held in contempt<\/span> and may be incarcerated until the contempt<\/span> is purged by compliance with the order<\/span> or the grand jury<\/span> is discharged. When a witness<\/span> is compelled to testify or produce specified records, papers and documents or other tangible things after expressly invoking his right not to incriminate<\/span> himself, and the presiding judge<\/span> has determined that the assertion of the right is bona fide, the compelled testimony<\/span>, or any information directly or indirectly derived from such testimony<\/span> or other information, shall not be used against the witness<\/span> in any criminal proceeding except a prosecution<\/span> for perjury<\/span>.<\/p>

Notwithstanding the provisions of this section, all provisions of this Code relative to immunity granted to witnesses who testify before a grand jury<\/span> shall remain applicable.<\/p>

The foreman<\/span> shall administer the oath<\/span> prescribed by law<\/span> for witnesses, and any member of the special grand jury<\/span> may examine a witness<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSUBPOENA POWER OF SPECIAL GRAND JURY (\u00a7 19.2-208)\n\nThe special grand jury may subpoena persons to appear before it to testify and\nto produce specified records, papers, and documents or other tangible things,\nbut before any witness testifies, he shall be warned by the foreman that he need\nnot answer any questions or produce any evidence that would tend to incriminate\nhim, and that the witness may have counsel of his own procurement present when\nhe appears to testify, and at the same time the foreman also shall warn each\nwitness that he may later be called upon to testify in any case that might grow\nout of the investigation and report of the special grand jury.\n\nA witness who has been called to testify or produce specified records, papers\nand documents or other tangible things before a grand jury requested by the\nattorney for the Commonwealth, and who refuses to testify or produce specified\nrecords, papers and documents or other tangible things by expressly invoking his\nright not to incriminate himself, may be compelled to testify or produce\nspecified records, papers and documents or other tangible things by the\npresiding judge. Such witness who refuses to testify or produce specified\nrecords, papers and documents or other tangible things after being ordered to do\nso by the presiding judge may be held in contempt and may be incarcerated until\nthe contempt is purged by compliance with the order or the grand jury is\ndischarged. When a witness is compelled to testify or produce specified records,\npapers and documents or other tangible things after expressly invoking his right\nnot to incriminate himself, and the presiding judge has determined that the\nassertion of the right is bona fide, the compelled testimony, or any information\ndirectly or indirectly derived from such testimony or other information, shall\nnot be used against the witness in any criminal proceeding except a prosecution\nfor perjury.\n\nNotwithstanding the provisions of this section, all provisions of this Code\nrelative to immunity granted to witnesses who testify before a grand jury shall\nremain applicable.\n\nThe foreman shall administer the oath prescribed by law for witnesses, and any\nmember of the special grand jury may examine a witness.\n\nHISTORY: 1975, c. 495; 2001, c. 4; 2003, c. 565.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}