Tennessee Code Annotated

Tenn. Code Ann. § 40-12-209 (2026)

Confidentiality of proceedings and documents

✓ current as of May 2026

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(a)
- (1) No person who by virtue of the person's official position has knowledge of the filing of an application for consent, the action of the committee on the application, the filing of a petition to convene an investigative grand jury, or any action on the petition, shall disclose that knowledge except in accordance with this section.
- (2) All written records of applications, committee action, petitions and orders are declared to be confidential and subject to disclosure only in accordance with this section.
- (3) A grand juror, an interpreter, a stenographer, a typist who transcribes recorded testimony, a district attorney general or any person to whom disclosure is made pursuant to this section, § 40-12-210 or § 40-12-212 shall not disclose matters occurring before the grand jury except in accordance with those sections. No obligation of secrecy may be imposed on any person except in accordance with this section.

(b) Disclosure otherwise prohibited by this part of documents and proceedings before a grand jury convened under this part may be made to:
- (1) The district attorney general for use in the performance of the district attorney general's duty; and
- (2) Government personnel, including personnel of the federal government or a subdivision of the state, as those personnel are deemed necessary by the district attorney general to assist the district attorney general in the performance of the district attorney general's duties.

(c)
- (1) Any person to whom documents and proceedings before a grand jury convened under this part are disclosed under subdivision (b)(2) shall not utilize those documents or proceedings for any purpose other than assisting the district attorney general in the performance of the district attorney general's duties.
- (2) The district attorney general shall promptly notify the judge convening the grand jury pursuant to this part of the names of all persons to whom disclosure of grand jury documents or proceedings is made and shall certify that the district attorney general has advised the person of the person's obligation of secrecy under this part.

Acts 1990, ch. 1051, § 1.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2005–2021 · leading case: Curtis Keller v. State of Tennessee (Tenn. Crim. App. 2021).

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Curtis Keller v. State of Tennessee (Tenn. Crim. App. 2021). · cites it 2× “6(k)(1) (“Every member of the grand jury shall keep secret the proceedings of that body and the testimony given before it, except as provided in Rule 6(k)(2)”); see also, T.C.A. § 40-12-209(a)(3); State v. Caruthers, 35 S.”

State of Tennessee v. Khaleefa Lambert (Tenn. Crim. App. 2013). · cites it 2× “See also Tenn. Code Ann. §§ 40-12-209 , -210. Typically, “an accused seeking disclosure [of grand jury testimony] must demonstrate a particularized need for the materials sufficient to outweigh the policy in favor of secrecy.”

Shawn Kelly v. State of Tennessee (Tenn. Crim. App. 2005). · cites it 2× “16(a)(3) (requiring the state to provide as discovery to the defendant any “recorded testimony of the defendant before a grand jury which relates to the offense charged”); see also T.C.A. §§ 40-12-209, -210; State v. Carruthers, 35 S.”

— Tenn. Code Ann. § 40-12-209(a)(3) — 1 case

Curtis Keller v. State of Tennessee (Tenn. Crim. App. 2021). “6(k)(1) (“Every member of the grand jury shall keep secret the proceedings of that body and the testimony given before it, except as provided in Rule 6(k)(2)”); see also, T.C.A. § 40-12-209(a)(3); State v. Caruthers, 35 S.”

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