N.J. Ct. R. 3:6-6

(a) Attendance at Session. No person, other than the jurors, the prosecuting attorney, the clerk of the grand jury, the witness under examination, interpreters when needed and, for the purpose of recording the proceedings, a stenographer or operator of a recording device, may be present while the grand jury is in session. However, if necessary because of the complexity of the matter, and with the approval of the Assignment Judge or designated judge, assistants employed by the prosecutor’s office may be present to assist the prosecuting attorney.

(b) Attendance at Deliberations.

(1) No person other than the jurors and any sign interpreter or other person assisting a hearing or visually-impaired juror may be present while the grand jury is deliberating.

(2) The clerk shall not be present during deliberations but shall return to record the vote of the grand jury.

(3) During deliberations, if the grand jury has a question for the prosecutor or would like to hear additional testimony, any inquiry, comments, or testimony shall be recorded and shall take place in the presence of the clerk of the grand jury and a stenographer, or operator of a recording device, as well as any interpreter or assistant as described in paragraph (b)(1), if necessary.

(c) Record; Transcript. A stenographic record or sound recording shall be made of all testimony of witnesses, comments by the prosecuting attorney, and colloquy between the prosecuting attorney and witnesses or members of the grand jury, before the grand jury.

When a digital sound recording of the grand jury proceedings has been made, after an indictment has been returned and if the indictment is not sealed, the court shall furnish or make available a copy of the grand jury proceedings to the parties on compact disk or by other electronic means. After an indictment has been returned, at the request of the defendant, a transcript of the grand jury proceedings (including the session as described in paragraph (a) and any inquiry, comments, and testimony as described in paragraph (b)(3)) shall be made. The request shall designate the portion or portions of the proceedings to be transcribed and the person or persons to whom the transcript is to be furnished. A copy of the request for a transcript will be served contemporaneously by the defendant upon the prosecutor, who may move for a protective order pursuant to R. 3:13-3(e). The prosecutor may request a copy of the transcript at any time.

(d) Retention of Records. If no request has been made or order entered directing a transcript of the grand jury proceedings to be made within six months after their termination, the stenographic record or sound recording shall be sealed and deposited with the operations division manager's office who shall retain it subject to the directions of the Administrative Director of the Courts.