Grand Jury Subpoenas: Types and Enforcement

Types of Grand Jury Subpoenas

There are two main types of grand jury subpoenas:

1. Subpoena Duces Tecum

A subpoena duces tecum demands the production of specific documents or tangible items for the grand jury's review.

2. Subpoena Ad Testificandum

A subpoena ad testificandum requires an individual to appear before the grand jury to provide sworn testimony.

Enforcement of Grand Jury Subpoenas

Federal grand jury subpoenas carry significant legal weight and are not easily quashed. They are typically enforced through the following mechanisms:

Under Rule 17 of the Federal Rules of Criminal Procedure, subpoenas in federal proceedings, including grand jury proceedings, must comply with certain requirements regarding form, scope, and service.

Federal courts have the inherent authority to enforce grand jury subpoenas. If a witness or target fails to comply with a subpoena, the court may issue a contempt order, which can result in fines or imprisonment.

The Fourth Amendment protects individuals against unreasonable searches and seizures. However, the Supreme Court has held that grand jury subpoenas generally do not violate the Fourth Amendment because they are not based on probable cause and do not search a person's home or body.