WEB 9-11140 - Limitation on Grand Jury Subpoenas
Subpoena Duces Tecum vs. Subpoena Ad Testificandum
Rule 17 and Federal Grand Jury Subpoenas
Federal grand jury proceedings are governed by Rule 17 of the Federal Rules of Criminal Procedure. There are two primary types of grand jury subpoenas: subpoena duces tecum and subpoena ad testificandum.
A subpoena duces tecum compels the production of documents or tangible objects, while a subpoena ad testificandum summons an individual to testify before the grand jury.
Quashing Grand Jury Subpoenas
Federal grand jury subpoenas are rarely quashed, even if they request irrelevant information or exceed the scope of the investigation. The Supreme Court has ruled that grand jury proceedings are broad in scope and that the secrecy surrounding them is essential to their effectiveness.
Service of Grand Jury Subpoenas
Unlike other subpoenas, grand jury subpoenas are served in secret by prosecutors to maintain the secrecy of the proceedings. This is due to the potential for witness intimidation or tampering, particularly in criminal investigations.
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