# Justice Manual § 9-23.250: Immunity for the Act of Producing Records

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-23.250

## Section

- **Citation:** Justice Manual § 9-23.250
- **Heading:** Immunity for the Act of Producing Records
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 9: Criminal / 9-23.000 - Witness Immunity / Justice Manual § 9-23.250

## Text

The Supreme Court has interpreted the Fifth Amendment privilege against self-incrimination to include the act of producing business records of a sole proprietorship.
United States v. Doe
, 465 U.S. 605 (1984). The act of producing records concedes the existence and possession of the records called for by the subpoena as well as the respondent's belief that such records are those described in the subpoena. Requests for immunity for the limited purpose of obtaining records pursuant to
Doe
should clearly state this fact in the application.

The same letter of authority is issued by DOJ for the production of records as for testimony. Therefore, prosecutors should draft the court order to clearly limit the grant of immunity to the act of producing records pursuant to
Doe
,
supra
.

[updated January 2020]

## Nearby sections

- [Justice Manual § 9-23.100 Witness Immunity—Generally](https://www.frixlaw.com/law-library/statutes/JM_S9-23.100.md)
- [Justice Manual § 9-23.110 Statutory Authority to Compel Testimony](https://www.frixlaw.com/law-library/statutes/JM_S9-23.110.md)
- [Justice Manual § 9-23.130 Approval by Assistant Attorney General to Compel Testimony](https://www.frixlaw.com/law-library/statutes/JM_S9-23.130.md)
- [Justice Manual § 9-23.140 Authority to Initiate Immunity Requests](https://www.frixlaw.com/law-library/statutes/JM_S9-23.140.md)
- [Justice Manual § 9-23.210 Decision to Request Immunity—The Public Interest](https://www.frixlaw.com/law-library/statutes/JM_S9-23.210.md)
- [Justice Manual § 9-23.211 Decision to Request Immunity—Close-Family Exception](https://www.frixlaw.com/law-library/statutes/JM_S9-23.211.md)
- [Justice Manual § 9-23.212 Decision to Request Immunity—Conviction Prior to Compulsion](https://www.frixlaw.com/law-library/statutes/JM_S9-23.212.md)
- [Justice Manual § 9-23.214 Granting Immunity to Compel Testimony on Behalf of a Defendant](https://www.frixlaw.com/law-library/statutes/JM_S9-23.214.md)
- [Justice Manual § 9-23.250 Immunity for the Act of Producing Records](https://www.frixlaw.com/law-library/statutes/JM_S9-23.250.md)
- [Justice Manual § 9-23.400 Authorization to Prosecute after Compulsion](https://www.frixlaw.com/law-library/statutes/JM_S9-23.400.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-23.250. Check the current official text before relying on it. Not legal advice.