Stewart v. Dexter

In Stewart v. Dexter, 218 N.J. Super. 417, 420, 527 A.2d 958 (Law Div.1986), the central issue dealt with a request to release grand jury testimony for use in a civil action. In reviewing the reason for disclosure advanced by the moving party, the court, in passing, merely noted plaintiff's contention that he intended to use the grand jury testimony of a presently unavailable witness at trial. The court was not required to nor did it rule that former Evid. R. 63(3), the predecessor to N.J.R.E. 804(b)(1)(A), authorized such a use of grand jury testimony. Id. at 420, 527 A.2d 958.