D. Mass. L.R. 106.1

(a) Confidentiality of Names. The names of any jurors drawn from the qualified jury wheel

and selected to sit on a grand jury shall be kept confidential and not made public or

disclosed to any person not employed by the court, except as otherwise authorized by a

court order in an individual case pursuant to 28 U.S.C. § 1867(f).

(b) Sealing of Documents. All subpoenas, motions, pleadings, and other documents filed with

the clerk concerning or contesting grand jury proceedings shall be sealed and impounded

unless authorized by this rule or otherwise ordered by the court based upon a showing of

particularized need. Impoundment under this rule shall not preclude necessary service of

papers on opposing parties or their counsel nor prohibit the clerk from providing copies of

papers to the party or counsel filing same.

(c) Report of a Grand Jury’s Failure to Concur in an Indictment. Pursuant to Rule 6(f) of

the Federal Rules of Criminal Procedure, if a complaint or information is pending against

a defendant and 12 jurors do not concur in the indictment, the foreperson must promptly

and in writing report the lack of concurrence to the emergency magistrate judge. This report

will be made on the approved AO form and submitted to the emergency magistrate judge

on the record. After submission to the emergency magistrate judge, the form will be

provided to the Clerk of Court, who will file the form with the jury foreperson’s signature

redacted and under seal on the docket of the case initiated by complaint or information.

Upon the unsealing of the complaint or information, the government will provide to the

defendant named in the complaint or information and/or defense counsel a copy of the

redacted form protecting the identity of the foreperson.