9-11140 Limitation on Grand Jury Subpoenas
Subpoena Duces Tecum and Subpoena Ad Testificandum
Federal grand jury subpoenas are governed by Rule 17. There are two types of grand jury subpoenas: a subpoena duces tecum and a subpoena ad testificandum.
Subpoena Ad Testificandum
A subpoena ad testificandum requires a witness to appear before the grand jury and testify.
Subpoena Duces Tecum
A subpoena duces tecum requires a witness to produce documents or other evidence before the grand jury.
Irrelevance and Grand Jury Authority
Federal grand jury subpoenas are almost never quashed on grounds that they call for irrelevant information or go beyond the grand jury's authority.
Secrecy of Grand Jury Subpoenas
Unlike other subpoenas, a grand jury subpoena is served in secret. This is because grand jury subpoenas are presented by prosecutors in a criminal investigation, and the secrecy helps to protect the integrity of the investigation.
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