# What Is a Grand Jury Subpoena? | Kodex Source: https://www.kodexglobal.com/glossary/grand-jury-subpoena > A grand jury subpoena compels records for a criminal investigation without prior judicial review. Learn its scope, secrecy rules, and how to respond. Legal Process ## Grand Jury Subpoena A grand jury subpoena is issued in the name of a grand jury investigating potential criminal conduct, and compels the production of documents or testimony. It is issued by prosecutors without prior judicial review, and grand jury secrecy rules restrict what the prosecution may disclose about the proceeding. Also known as federal grand jury subpoena A grand jury subpoena carries a courtroom’s name on it, which gives it more apparent weight than it has in the Stored Communications Act hierarchy. It is still a subpoena. ### What a grand jury subpoena is A grand jury is a body convened to determine whether there is sufficient evidence to bring criminal charges. To gather evidence it can compel testimony and documents, and prosecutors issue subpoenas on its behalf. No judge reviews the subpoena before it goes out. For a company receiving one, three features matter: - It is compulsory. Non-compliance risks contempt. - It reaches what a subpoena reaches. Basic subscriber information and non-content records, not content. - Secrecy rules bind the government, not you. This is the point most often got wrong. ### The notification misunderstanding Prosecutors sometimes assert, and recipients often assume, that grand jury secrecy forbids telling the user. Rule 6(e) imposes obligations on those conducting the proceeding. A witness or document custodian is not on that list. Grand jury subpoena aloneWith a 2705(b) order Compels production Yes Yes Restricts notifying the user No Yes Basis for the restriction None Court order on statutory findings Duration of restriction N/A Set by the order, and renewable Providers that have policies of notifying users absent a legal bar should apply that policy here, and should ask for a non-disclosure order if the government wants notice withheld. Treating an assertion of secrecy as though it were an order gives up something on the user’s behalf that the law did not require. ### What it means for a company receiving one - Confirm validity and service. Check the issuing district, the case reference, and that service was proper. - Read the scope against the instrument. A grand jury subpoena requesting content is asking for something a subpoena cannot compel. - Diarise the return date. These carry compliance deadlines and escalate when missed. - Decide the notification question deliberately, on the basis of whether a legal restriction actually exists. FAQ ### Frequently asked questions Does grand jury secrecy prevent a company from notifying its user? Not automatically, and this is widely misunderstood. Federal Rule of Criminal Procedure 6(e) imposes secrecy obligations on prosecutors, jurors, and court personnel, not on a witness or a subpoena recipient. To restrict a company’s ability to notify a user, the government generally needs a separate non-disclosure order. How is it different from an administrative subpoena? A grand jury subpoena is issued in connection with a criminal investigation conducted through a grand jury and carries the court’s authority. An administrative subpoena is issued by a regulatory or executive agency under a specific statute, typically for civil or regulatory enforcement, and its reach is bounded by that statute. Can a grand jury subpoena compel message content? No. It remains a subpoena for Stored Communications Act purposes, so it does not overcome the content protection. Content generally requires a search warrant regardless of how the subpoena was issued. Glossary ### Related terms #### Subpoena A subpoena is a legal order compelling a person or company to produce documents or testimony. In data request work it is the lowest-threshold instrument: it does not require a judge’s prior approval and generally reaches basic subscriber information rather than the contents of communications. #### Administrative Subpoena An administrative subpoena is issued by a government agency under a specific statutory grant of authority, rather than by a court or grand jury. Its reach is bounded by the statute that created it, which means the first question on receiving one is whether that agency has authority over your company at all. #### Non-Disclosure Order A non-disclosure order directs a company not to tell a user that their data was requested. It is a separate instrument from the process compelling production, is issued for a defined period, and requires the government to show that notice would cause a specific harm such as flight, evidence destruction, or danger to an individual. See how Kodex handles subpoena intake, review, and production at volume. Learn more