STATE OF WEST VIRGINIA


        At a Regular Term of the Supreme Court of Appeals continued and held at Charleston, Kanawha County, on the 28th day of January 2008, the following order was made and entered:


IN RE:   Request for Comments on Proposed Amendment to Rule 6 of the West Virginia
               Rules of Criminal Procedure


        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 approve a period of public comment on the proposed amendments to conclude on February 29, 2008, with comments to be filed with the Clerk of this Court. 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: Attorneys 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 no person other than the jurors may be present while the grand jury is deliberating or voting.

(e) Recording and Disclosure of Proceedings.

(1) Recordings of Proceedings. All proceedings, except when the grand jury is deliberating or voting, shall be recorded by an official court reporter 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