A special witness is defined as a person whom the district attorney intends to call as a witness in a grand jury proceeding and that person is what?

• A. A person who can testify in person
• B. A person who resides out of state
• C. Unable to attend and testify in person due to physical illness or incapacity
• D. A person who has appeared in another proceeding

Answer: (C)

The main idea is that a special witness is someone the district attorney plans to call in a grand jury but who cannot attend in person because of physical illness or incapacity. When an essential witness can’t appear live, the rule allows their testimony to be taken by deposition or another approved method so the grand jury can proceed without delaying due to the witness’s health. This distinguishes them from someone who can testify in person, someone whose residency or travel isn’t an issue, or someone who has appeared in another proceeding—the defining factor is the inability to attend in person due to illness or incapacity.