Congress granted the power to issue subpoenas duces tecum
at an Article 32 by changing Article 47, UCMJ, the enforcement mechanism of compulsory process in the military.
108) The subpoena duces tecum
, exercising the authority of the court to compel the production of documents, developed in parallel with the testimonial subpoena, the subpoena ad testificandum, which compelled testimony in both law and equity.
poena duces tecum
leads to 'the compulsory production of private
In 1997, the Eighth Circuit directly addressed the issue of a governmental attorney-client privilege in the federal grand jury context in In re Grand Jury Subpoena Duces Tecum
A subpoena duces tecum
is not a substitute for an unlawful warrantless search and seizure (i.
Within each of the national security letter statutes, it (1) reestablishes the demand that the information sought be based on specific and articulable facts that suggest that the information sought pertains to a foreign power or one or more of its agents; (2) sets a 90 day time limit for the gag orders based on exigent circumstances (with the possibility of 180 day extensions available from the court on the same basis); (3) permits recipients to challenge both the request and gag orders in court; (4) holds the letters to same standards that apply to grand jury subpoenas duces tecum
issued in espionage or international terrorism cases (i.
5) I have carefully explained to bewildered students that the Fifth Amendment "privilege" can be asserted against a subpoena duces tecum
only in the rare case where the prosecutor proposes to use the evidence of compliance with the subpoena as inculpatory in itself.
In re: Subpoena Duces Tecum
Served on the Office of the Comptroller of the Currency, No.
A subpoena for records is called a subpoena duces tecum
48) in which the plaintiffs requested that the arbitrator issue subpoenas duces tecum
to various third parties requiring them to attend a deposition or produce documents prior to the arbitration hearing.
Under this act, the federal, state, and local authorities must use a subpoena duces tecum
-- a subpoena for documents -- instead of a search warrant if they want to seize a journalist's "work product" or documentary materials.
In this regard, a search warrant differs from a subpoena duces tecum
,(1) which permits subjects to conduct their own searches for requested items while permitting the government to embark on a fairly wide-ranging and speculative inquiry for possible evidence.