PA 02 · Practice area
Grand jury subpoenas
A subpoena has a date on it. Whether it asks for documents or your testimony, the response is a legal decision, not a clerical one.
We represent individuals and companies who have received grand jury subpoenas for documents, testimony, or both. A careful response protects privileged material, avoids handing over more than the subpoena requires, and keeps a witness from becoming a subject because of something said or produced in a rush.
Usually for
Individuals, records custodians, small companies and the in-house lawyers who manage subpoena responses.
You are reading: Is this you?
Is this you?
It may be time to call if…
- You or your company received a subpoena to produce documents to a grand jury.
- You received a subpoena to testify before a grand jury.
- Your company's records custodian was served at the office.
- A bank, vendor or accountant tells you they received a subpoena that involves your records.
Where this sits in a federal case
Where this work usually happens.
Marked on the rail: grand jury and investigation. Select any stage to read what it means in our plain-language guide.
What we do
Five things, in roughly this order.
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1
Read it with you
We go through each request, the return date, the definitions and the schedule of documents, and explain in plain words what is really being asked.
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2
Call the prosecutor
We clarify your status, narrow broad requests where we can, and agree a realistic timetable, often a rolling production instead of one rushed delivery.
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3
Collect and review under privilege
Documents are gathered properly, reviewed by lawyers, and privileged material is logged and held back as the rules allow.
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4
Produce exactly
Each production is numbered, logged and delivered with a cover letter, so there is a clean record of what was given and when.
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5
Prepare any witness
If testimony is required, we prepare you, discuss your Fifth Amendment rights, and wait outside the grand jury room for any question you want to discuss.
This week
What to do, and what to leave alone.
Do
- Put the return date on your calendar the day the subpoena arrives.
- Stop any routine deletion of email or files that might be covered.
- Send a copy to counsel immediately.
- Keep a list of everyone who has seen the subpoena.
Avoid
- Ignoring it or assuming the date can slide on its own.
- Producing everything without a privilege review.
- Editing, organizing or cleaning up files before collection.
- Discussing your testimony with other witnesses.
General information, not legal advice for your situation. Speak with a lawyer before acting.
Terms, in plain words
The words you will hear.
- Subpoena for documents
- An order to hand over records by a set date. Lawyers often call it a subpoena duces tecum.
- Return date
- The date the documents or the witness are due. It can often be moved by agreement, but only by agreement.
- Privilege log
- A list of documents withheld because they are protected, such as communications with your lawyers.
A medical billing company receives a broad records subpoena
Favorable
- Situation
- The subpoena asked for six years of billing records and email with a 14-day return date.
- What we did
- We agreed a rolling production with the prosecutor, narrowed two of the broadest categories, and produced with a privilege log over eight weeks.
- How it ended
- The company was treated as a witness throughout and no employee was charged.
An illustration with details changed and no names, courts or cases. Every matter turns on its own facts; past results do not guarantee any outcome. See all example matters, including ones that went against us.
Questions
What people ask us first.
Do I have to testify before a grand jury?
A subpoena to testify is a court order. Some witnesses may decline to answer questions under the Fifth Amendment, and some testify under an immunity order. Which applies to you is a decision to make with a lawyer before the date.
Can my lawyer come into the grand jury room?
No. Your lawyer waits outside, and you may ask to step out to talk before answering a question.
Can the deadline be extended?
Often, yes, by agreement with the prosecutor. Extensions are requested in writing, early, and confirmed in writing.
Confidential consultation
Talk to us about subpoenas.
A short, confidential call is often enough to learn where you stand and what to leave alone this week. Do not send details through the form; we will cover them by phone.
Please do not send case details through any website form or by email. We cover them by phone or in person, under privilege.
Consultation line: 7 days, 7:00 a.m. to 10:00 p.m. If a search or an arrest is happening now, call at any hour.