A summary and case brief of in re grand jury subpoena, judith miller, 397 f. A grand jury has broad powers to subpoena documents and witnesses powers that are often broader than those of a typical court prosecution. Grand jury subpoenas are being sent out in the university of louisville sports scandal investigation. Howmet itself never was served with a grand jury subpoena. A timeline of the ncaa louisville basketball investigation. Do i need to comply with a new york grand jury subpoena if.
The subpoena duces tecum remains at all times under the control and supervision of a court. Grand jury indictment in illinois, 1966 university of illinois law. Under the seminal supreme court case of united states v. Of course, every case is different and you should always develop a strategy in consultation with your attorney. In response, the museum sent two letters to each party. In this case we must determine whether arts and cultural affairs law 12. If the petitioned court decides to transfer, it must send to the transferee court the. A federal grand jury is a body tasked with the preliminary investigation of suspected crimes, before charges are filed or a trial begins. Its publisher, patricia keiffner, confirmed to espn that the company received a grand jury subpoena. In a grand jury matter, subpoenas are requested by the prosecutor, issued by the court, and served delivered in person by a police officer or marshal. The purpose of the grand jury is to determine whether or not there is probable cause to believe that any federal felony has been committed. Itinerant justices on regular circuits were sent out once each year to enforce. Anything that you do say may be used against you by the grand jury or in a. A grand jury can use the power of the court to subpoena evidence and witnesses.
A subpoena may order the witness to produce any books, papers, documents, data. Thus, the procedure should be used only in extraordinary cases where a strong. Records, orders, and subpoenas relating to grandjury proceedings must be kept. Two different types of subpoenas are used to request different types of. Grand jury subpoenas sent in u of l book, sex scandal case. A grand jury must have 16 to 23 members, and the court must order that enough. The grand jury legal information institute cornell university. You can also leave the grand jury room in order to brief your attorney about the questions. Do i need to comply with a new york grand jury subpoena if im out of state. Individual officers in a corporation, in their corporate capacities, may not claim individual attorneyclient and work product privileges in communications with corporate counsel regarding the corporation. When the grand jury seeks the production of personal or confidential. The grand jury subpoena is used as a means of obtaining evidence in a grand jury or court case. Misuse of the grand jury seattle university school of law digital. In the matter of the grand jury subpoena duces tecum served on the museum.
I received a grand jury subpoena for some business records. Subpoena legal information institute cornell university. Limitations required by the final decision rule, 49 u. Statutory and other limitations of grand jury subpoena authority. A grand jury is a jury a group of citizens empowered by law to conduct legal proceedings and investigate potential criminal conduct, and determine whether criminal charges should be brought.
Matter of grand jury subpoena duces tecum served on museum of. In re grand jury subpoena duces tecum, dated january 2, 1985, 767 f. In this process, the prosecutor will visit the office of the court clerk and obtain subpoena forms. In re grand jury subpoena case brief for law students. Grand juries in the united states are groups of citizens empowered by united states federal or. Domesday book, he called upon the most respected men of each community. The prosecutor will then fill them out and put the name of the person on each one that is being subpoenaed. As these provisions of law relate to jurors for both criminal and civil cases. Cornell university law school, legal information institute. In re grand jury subpoena, judith miller case brief. A timeline of the louisville basketball investigation. A grand jury may subpoena physical evidence or a person to testify.
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