Two Types of Grand Jury Subpoenas: Understanding Subpoena Duces Tecum and Subpoena Ad Testificandum
Subpoena Duces Tecum vs. Subpoena Ad Testificandum
In the realm of legal proceedings, grand jury subpoenas play a significant role. These subpoenas are issued by federal grand juries and can request either testimony (subpoena ad testificandum) or records (subpoena duces tecum) from individuals or organizations.
Subpoena Duces Tecum
A subpoena duces tecum is an order to produce specific documents, records, or other tangible items to the grand jury. This type of subpoena is often used when the grand jury requires access to physical evidence or documents that are relevant to their investigation.
Subpoena Ad Testificandum
A subpoena ad testificandum, on the other hand, is an order to appear before the grand jury and provide testimony under oath. This type of subpoena requires the individual to attend a hearing and answer questions related to the grand jury's investigation.
Federal Grand Jury Subpoenas
Federal grand jury subpoenas are unique in that they are served in secret. This is because grand juries operate under a veil of secrecy to protect the integrity of their investigations and ensure that witnesses are not influenced by outside pressures.
Grand jury subpoenas are typically issued by prosecutors in the context of criminal investigations. The grand jury reviews the evidence presented by the prosecutor and determines whether there is probable cause to believe that a crime has been committed and that specific individuals are responsible.
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