Rule 13.4 - Recalcitrant Witnesses; Contempt(a) Recalcitrant Witnesses. When a witness under examination before the grand jury refuses to testify, to answer a question or to give evidence, the foreperson and/or the district attorney shall present to the court the question or evidence requested and the refusal of the witness. If, after inquiry, the court decides that the witness is bound to testify, answer, or give the evidence, the court shall so inform the witness. If the witness persists in refusing to testify, answer the question, or give evidence, the court shall proceed with the witness as in cases of similar refusal in other judicial proceedings.(b) Request for Contempt Proceedings. The foreperson and/or the district attorney may request the court to initiate a contempt proceeding against any person whose conduct violates these Rules or disrupts the grand jury proceedings.Comment
Rule 13.4(a) is derived from former Rule 7.05 of the Uniform Rules of Circuit and County Court. Rule 13.4(b) authorizes the foreperson and/or the district attorney to request the court to employ its enforcement powers to secure compliance with these Rules through a contempt proceeding under Rule 32.3.