California Attorney General Opinion 23-401

Syllabus

QUESTIONS: May prosecutors lawfully issue criminal grand jury subpoenas for witnesses to appear at a future grand jury proceeding where the grand jury that will hear their testimony has not yet been impaneled? CONCLUSIONS: Yes, prosecutors may lawfully issue criminal grand jury subpoenas for witnesses to appear at a future grand jury proceeding where the grand jury that will hear their testimony has not yet been impaneled. The prosecutor's subpoena power and the court's enforcement power exist regardless of whether the grand jury has been impaneled.