In the case Douglas Oil Company of California et al. v. Petrol Stops Northwest et al., 1978, the U.S Supreme Court was tasked with determining whether grand jury transcripts could be released to civil litigants in a related lawsuit. The court held that while these documents are generally kept secret, they can be disclosed under certain circumstances if it is determined that the need for disclosure outweighs the public interest in secrecy. In making this determination, courts should consider factors such as preventing possible injustice in another legal proceeding and providing information unavailable through other means. This decision set an important precedent regarding access to grand jury proceedings and their potential use in civil litigation.

In the dissenting opinion for Douglas Oil Company of California v. Petrol Stops Northwest, Justice William Rehnquist argued that the majority's decision to allow third parties access to grand jury transcripts was a departure from historical practice and could potentially compromise the secrecy of grand jury proceedings. He contended that such disclosure should only be permitted in exceptional circumstances where there is compelling need, which he did not believe existed in this case. Furthermore, he expressed concern about potential misuse or abuse of these documents by litigants who might use them as a means to discovery rather than for their intended purpose within criminal proceedings. In his view, allowing such broad access undermines both the function and integrity of the grand jury system.