Which authority references Ad Testificandum and Duces Tecum?

Grand Jury Subpoena Types

Magistrate Judges' Authority

Ad testificandum and duces tecum are phrases used on subpoenas to compel two different outcomes: testimony from a witness or production of documents. The authority that most directly handles and references these commands in investigative and pretrial contexts is magistrate judges. They oversee grand jury proceedings and related pretrial matters, and they have the power to issue subpoenas directing a person to appear and testify or to bring documents. That’s why these Latin terms appear in orders issued under the magistrate judges’ authority. While district court judges can issue subpoenas as well, the specific linkage of both commands to the issuing authority in these scenarios is most closely associated with magistrate judges.

Subpoena Duces Tecum

US District Court Judges

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