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Limitations On Grand Jury Subpoenas

Limitations on Grand Jury Subpoenas

Overview

Subpoenas in federal proceedings, including grand jury proceedings, are governed by Rule 17. Two types of grand jury subpoenas exist: * Subpoena duces tecum * Subpoena ad testificandum

Court's Role

When the public interest requires it, the court must order the summoning of one or more grand juries.

Grand Jury Composition

* Must have 16 to 23 members * Federal grand jury subpoenas are rarely quashed on grounds of irrelevance or exceeding the grand jury's authority.

Types of Federal Grand Jury Subpoenas

* Subpoena ad testificandum (to testify) * Subpoena duces tecum (to produce documents or other materials)

Conclusion

Grand jury subpoenas play a significant role in federal criminal investigations. Their stringent limitations ensure that they are used appropriately, safeguarding individuals' rights while preserving the integrity of the grand jury system. The balance between these interests is crucial in ensuring that justice is served fairly and efficiently.


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