Federal Grand Jury Subpoenas

A subpoena duces tecum demands documents or records. A subpoena ad testificandum compels testimony before the grand jury. Some people receive both. The grand jury operates in secret, the prosecutor is in the room, and your lawyer cannot be - which makes preparation essential.

Not everything demanded must be turned over in the form requested. The attorney-client privilege, the Fifth Amendment privilege against self-incrimination, the act-of-production doctrine, and other protections can apply. The timing and scope of production can frequently be negotiated with the prosecutor.

Mishandling a subpoena - by ignoring it, producing too much, or altering records - creates new risk. Careful, counseled compliance protects you while meeting your legal obligations.

Testifying before a grand jury is different from any other setting. Preparation focuses on understanding the questions likely to be asked, the boundaries of any privilege, and the difference between a witness, a subject, and a target. In some situations, immunity may be discussed in exchange for testimony.