9-11140 - Limitation on Grand Jury Subpoenas
Overview
In federal proceedings, subpoenas, including those issued by grand juries, are governed by Rule 17 of the Federal Rules of Criminal Procedure. Grand jury subpoenas come in two forms: subpoena duces tecum and subpoena ad testificandum. The former requires the recipient to produce certain documents or objects, while the latter requires the recipient to testify before the grand jury.
Types of Federal Grand Jury Subpoenas
Subpoena Ad Testificandum
A subpoena ad testificandum requires the recipient to testify before the grand jury. It may also require the recipient to produce documents or objects relevant to the grand jury's investigation.
Subpoena Duces Tecum
A subpoena duces tecum requires the recipient to produce certain documents or objects to the grand jury. It does not require the recipient to testify.
Limitations on Federal Grand Jury Subpoenas
Federal grand jury subpoenas are rarely quashed on the grounds that they call for irrelevant information or go beyond the grand jury's authority. Grand juries have broad authority to investigate potential criminal activity, and their subpoenas are generally upheld by courts.
Secrecy of Grand Jury Subpoenas
Unlike other subpoenas, grand jury subpoenas are served in secret. This is because grand jury proceedings are secret, and the secrecy helps to protect the integrity of the investigation.
Consequences of Refusing a Grand Jury Subpoena
Recipients of grand jury subpoenas cannot refuse to comply. Because grand jury subpoenas are presented by prosecutors in a criminal investigation, the consequences of refusing to comply can be severe, including fines or imprisonment.
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