The privilege applies to grand jury subpoenas. See, e.g., O.C.G.A. § 24-9-30 (privilege applies "in any proceeding where the one asserting the privilege is not a party"); In re Paul, 270 Ga. 680, 684 (Ga. 1999).
The North Dakota Supreme Court has stated that the nature of the action is something that the trial court may consider in determining whether disclosure is appropriate. The statute does not make a distinction between grand jury subpoenas and those issued during discovery. Accordingly, the privilege should not be more difficult to defend at this level.
Grand jury subpoenas are treated the same as any other subpoena under the statute. See Neb. Rev. Stat. § 86-708(1) (Reissue 1999) noting that grand jury subpoenas shall not suspend or otherwise interfere with the shield law. Nebraska rarely utilizes grand juries. The authors are not aware of any grand jury subpoenas having been issued to reporters.