On this day came the Court, on its own motion and proceeded to consider
amendments to Rule 6 of the West Virginia Rules of Criminal Procedure. Upon
consideration whereof, the Court is of opinion to and does hereby adopt the following rule
with said amendments, effective March 9, 2009. Deletions are indicated by strikethroughs
and insertions are indicated by underscoring, to read as follows:
“ RULE 6. THE GRAND JURY
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(d) Who May Be Present. _ The following persons may be present while the grand
jury is in session: Aattorneys for the state, the witness under examination, interpreters
when needed, and, for the purpose of taking the evidence, a stenographer or operator of
a recording device. may be present while the grand jury is in session, but During
deliberations and voting no person other than the jurors and any interpreter needed to assist
a hearing-impaired or speech-impaired juror, may be present while the grand jury is
deliberating or voting.
(e) Recording Reporting and Disclosure of Proceedings. _ (1) Recordings
Reporting of Proceedings. _ All proceedings, except when the grand jury is deliberating
or voting, shall be recorded reported by an official court reporter or a certified court
reporter approved by the Supreme Court stenographically or by an electronic recording
device. An unintentional failure of any recording to reproduce all or any portion of a
proceeding shall not affect the validity of the prosecution. The recording or reporter's
notes or any transcript prepared therefrom shall be filed with the clerk of the circuit court
and shall not be made public except on order of the court.”
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A True Copy
Attest: ________________________________________
Deputy Clerk, Supreme Court of Appeals