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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>351425</law_id><section_number>19.2-208</section_number><catch_line>Subpoena power of special grand jury</catch_line><edition url="https://vacode.org/2026/" slug="2026" current="TRUE" last_updated="2026-08-02">2026</edition><structure><unit label="title" level="1" order_by="54" identifier="19.2">Criminal Procedure</unit><unit label="chapter" level="2" order_by="17" identifier="13">Grand Juries</unit><unit label="article" level="3" order_by="3" identifier="3">Special Grand Juries</unit></structure><text>
						<section><p>The special <span class="dictionary">grand jury</span> may <span class="dictionary">subpoena</span> persons to appear before it to testify and to produce specified records, papers, and documents or other tangible things, but before any <span class="dictionary">witness</span> testifies, he shall be warned by the <span class="dictionary">foreman</span> that he need not answer any questions or produce any <span class="dictionary">evidence</span> that would tend to <span class="dictionary">incriminate</span> him, and that the <span class="dictionary">witness</span> may have <span class="dictionary">counsel</span> of his own procurement present when he appears to testify, and at the same time the <span class="dictionary">foreman</span> also shall warn each <span class="dictionary">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 <span class="dictionary">grand jury</span>.</p><p>A <span class="dictionary">witness</span> who has been called to testify or produce specified records, papers and documents or other tangible things before a <span class="dictionary">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 <span class="dictionary">incriminate</span> himself, may be compelled to testify or produce specified records, papers and documents or other tangible things by the presiding <span class="dictionary">judge</span>. Such <span class="dictionary">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 <span class="dictionary">judge</span> may be held in <span class="dictionary">contempt</span> and may be incarcerated until the <span class="dictionary">contempt</span> is purged by compliance with the <span class="dictionary">order</span> or the <span class="dictionary">grand jury</span> is discharged. When a <span class="dictionary">witness</span> is compelled to testify or produce specified records, papers and documents or other tangible things after expressly invoking his right not to <span class="dictionary">incriminate</span> himself, and the presiding <span class="dictionary">judge</span> has determined that the assertion of the right is bona fide, the compelled <span class="dictionary">testimony</span>, or any information directly or indirectly derived from such <span class="dictionary">testimony</span> or other information, shall not be used against the <span class="dictionary">witness</span> in any criminal proceeding except a <span class="dictionary">prosecution</span> for <span class="dictionary">perjury</span>.</p><p>Notwithstanding the provisions of this section, all provisions of this Code relative to immunity granted to witnesses who testify before a <span class="dictionary">grand jury</span> shall remain applicable.</p><p>The <span class="dictionary">foreman</span> shall administer the <span class="dictionary">oath</span> prescribed by <span class="dictionary">law</span> for witnesses, and any member of the special <span class="dictionary">grand jury</span> may examine a <span class="dictionary">witness</span>.</p></section></text><history>1975, c. 495; 2001, c. 4; 2003, c. 565.</history><metadata></metadata></law>
