TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Fees relating to Grand Jury Subpoenas
Go
New
Find
Notify
Tools
Reply
  
Fees relating to Grand Jury Subpoenas Login/Join 
Member
posted
Our office has received two invoices in the past week from a bank and a hospital for fees relating to the preparation of documents in response to a grand jury subpoena.

Does anyone have a standard letter which you send to these places with an explanation as to why we will not pay the fees? And is there a definitive statute and/or case which allows us to refuse to pay their fees?

Any help is greatly appreciated.
 
Posts: 52 | Location: Williamson County, Texas, United States | Registered: April 06, 2005Reply With QuoteReport This Post
Member
posted Hide Post
I don't have a letter but you can copy and send them an AG opinion that states they may not recover costs associated with compliance with a GJ subpoena.

Tex. Atty. Gen Op. JC-0181 from 2000

Regarding records from financial institutions, see also Texas Civil Practice and Remedies Code, volume 2, Section 30.007(b)(3), wherein it states in relevant part that: ...[this section] does not apply to...(3)a record request from or report to a government agency arising out of the investigation or prosecution of a criminal offense.

Hope this helps.
 
Posts: 2578 | Location: The Great State of Texas | Registered: December 26, 2001Reply With QuoteReport This Post
Member
posted Hide Post
Coming your way.
 
Posts: 71 | Location: Houston, Texas, USA | Registered: January 24, 2003Reply With QuoteReport This Post
Member
posted Hide Post
No taking is involved, so this a public duty cost properly imposed on the bank. But, guess who actually pays these costs. Preston
 
Posts: 2393 | Registered: February 07, 2001Reply With QuoteReport This Post
Administrator
Member
posted Hide Post
 
Posts: 2429 | Location: TDCAA | Registered: March 08, 2002Reply With QuoteReport This Post
Member
posted Hide Post
What do you mean, Martin? In this case the Bank ended up eating the cost, although I suspect it is far smaller than what they were seeking.
 
Posts: 2138 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
Member
posted Hide Post
Can someone send this letter to me as well. Just got a similar call from a phone company ending with "...oh you will pay!"
 
Posts: 21 | Location: Robertson County | Registered: March 12, 2014Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Fees relating to Grand Jury Subpoenas

© TDCAA, 2001. All Rights Reserved.