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The Battle over the Scope of Rule 17(c) Subpoenas

By Jodi Misher Peikin and Curtis B. Leitner

Editor's note: Last month, the authors noted that the only means by which a white-collar defendant can require the production of business records from a non-party is through a subpoena under Rule 17(c) of the Federal Rules of Criminal Procedure. However, most federal courts have given Rule 17(c) a restrictive interpretation, requiring documents to be produced only if they are not only admissible but also specifically described in the subpoena. They conclude their discussion herein.

Before considering the competing, less restrictive, interpretation of Rule 17(c), we briefly pause to explain how we got here. The restrictive interpretation of Rule 17(c) has its genesis in two Supreme Court decisions, discussed below.

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