Grand Jury Subpoenas: A Powerful Investigative Tool
Subpoena Ad Testificandum and Subpoena Duces Tecum
Understanding the Two Types of Federal Grand Jury Subpoenas
The federal grand jury subpoena is a compelling legal tool used by the government to gather evidence and identify potential witnesses in criminal investigations. There are two primary types of federal grand jury subpoenas: subpoena ad testificandum and subpoena duces tecum.
Subpoena Ad Testificandum: Requires the recipient to appear before the grand jury to testify under oath. This type of subpoena may also request specific documents or records that the witness possesses.
Subpoena Duces Tecum: Requires the recipient to produce specific documents, records, or other physical evidence to the grand jury. This type of subpoena does not require the recipient to testify in person.
Limitation on Grand Jury Subpoenas
While grand jury subpoenas are a powerful tool, they are subject to certain limitations. Rule 17 of the Federal Rules of Criminal Procedure governs subpoenas in federal proceedings, including grand jury proceedings.
9-11140 - Limitation on Grand Jury Subpoenas: This rule limits the scope of grand jury subpoenas to prevent the government from issuing overly broad or irrelevant requests for information.
Quashing a Grand Jury Subpoena
In certain circumstances, a recipient of a grand jury subpoena may attempt to have it quashed, or canceled, by the court. However, federal grand jury subpoenas are rarely quashed based on claims of irrelevance or overbreadth.
The grand jury's broad investigative powers and the secrecy surrounding grand jury proceedings make it difficult to challenge the validity of a subpoena. Nevertheless, individuals who believe a subpoena is overly burdensome or infringes on their rights may seek legal counsel to explore potential objections.
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