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Government Investigation Policy (Subpoenas Duces Tecum)

Purpose

A subpoena duces tecum is slightly different from a testimonial subpoena.  It is an order of the court requiring a witness to produce certain documents at a specified place and time.  It is an alternative investigative too to a search warrant and is often used in combination with the testimonial subpoena, where both live testimony and the production of documents are ordered in the same subpoena.

Policy

Use this section to define the text of the actual policy.

  1. Obtain and review a copy of the subpoena; take note of the time period for which documents are being sought and the names of any employees identified in the subpoena.
  2. Promptly terminate any document retention procedures that might result in the destruction of documents, including the routine disposal by employees of appointment books at year-end.
  3. In complying with the terms of the subpoena, do not confine a search to only those documents in IWU's possession; documents related to IWU business on persona computers, PDAs, cell phones or employee's persona calendars or appointment books are likely to be responsive to the subpoena and the failure to search for and produce those documents could raise allegations of obstruction.

Scope

This policy will affect employees of the university

History

21-Oct-2008 - Excerpt from Implemented Policy "Policies and Procedures for Responding to Government Investigations:"

Approved by The President and his Cabinet

Policy Information

Legal Policy    -    400.06.02

Owner

Chief Financial Officer

Approved By

Chief Financial Officer

Additional Remarks

There are no known exceptions to this policy at this time.

 

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Last modified
02:20, 17 Dec 2013

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