August 29, 2007, 11:29
Danny SmithFees relating to Grand Jury Subpoenas
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.
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.
September 11, 2014, 10:34
Martin PetersonNo taking is involved, so this a public duty cost properly imposed on the bank. But, guess who actually pays these costs.
PrestonSeptember 12, 2014, 10:22
Shannon EdmondsOther helpful posts from the past on this topic include:
Grand Jury Subpoena and Invoice for Payment (2008) Bill for Medical Records from UTMB (2006)September 12, 2014, 13:12
JohnRWhat 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.
October 14, 2014, 16:44
C SiegertCan someone send this letter to me as well. Just got a similar call from a phone company ending with "...oh you will pay!"