Understanding The Federal Rules

Grand Jury Subpoenas: New Limitation

Understanding the Federal Rules

Grand jury subpoenas, common in federal criminal investigations, have recently faced new limitations under Rule 17 of the Federal Rules of Criminal Procedure. This regulation governs the issuance and execution of subpoenas in federal proceedings, including grand jury proceedings.

Two Types of Grand Jury Subpoenas

There are two main types of grand jury subpoenas: subpoena duces tecum and subpoena ad testificandum. The former requires the recipient to produce specific documents or materials, while the latter commands the recipient to appear and provide testimony before the grand jury.

Quashing Grand Jury Subpoenas

In the past, federal grand jury subpoenas were rarely quashed (rejected) on the grounds of irrelevance or overreach. However, under the new limitations, recipients may have more grounds to challenge the validity of subpoenas.

Consequences of a Subpoena

Individuals who receive a federal grand jury subpoena must understand its implications. It typically indicates that they are the target of a criminal investigation by the Department of Justice. Grand jury subpoenas are served in secret, and recipients cannot refuse them.

Seeking Legal Advice

Anyone who receives a grand jury subpoena should seek legal advice immediately. An attorney can help determine the validity of the subpoena, navigate the legal process, and protect their rights throughout the investigation.