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15 U.S.C. § 49Documentary evidence; depositions; witnesses

submitted 112 years ago by ch. 311 to r/title-15-COMMERCE-AND-TRADE · 472 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law gives the Federal Trade Commission power to gather evidence. The Commission can examine and copy documents from any person, partnership, or corporation it investigates, and can subpoena witnesses and documents. If someone refuses to comply, a federal court can order them to and punish disobedience as contempt.

The Commission (or someone it authorizes) can look at and copy any documents belonging to a person, partnership, or corporation that it is investigating. The Commission can issue a subpoena requiring witnesses to show up, testify, and hand over documents related to whatever it's investigating. Any Commission member can sign these subpoenas. Commission members and examiners can put witnesses under oath, question them, and accept evidence. The Commission can require people to appear and produce documents anywhere in the United States, at whatever hearing location it names. If someone ignores a subpoena, the Commission can ask a federal court for help. A federal district court where the investigation is happening can order the person, partnership, or corporation to appear before the Commission, hand over documents, or testify. Ignoring that court order counts as contempt of court, and the court can punish it as such. If the Attorney General asks, at the Commission's request, federal district courts can issue a writ of mandamus — a court order — forcing a person, partnership, or corporation to follow this law or a Commission order. The Commission can also have testimony taken by deposition (a formal, recorded interview) at any stage of a proceeding or investigation. Someone the Commission picks, who is allowed to administer oaths, takes the deposition. That person writes down the testimony, and the witness signs it afterward. Anyone can be forced to appear, give a deposition, and produce documents in a deposition the same way witnesses can be forced to appear and testify before the Commission itself. Witnesses who are summoned get paid the same fees and travel mileage that witnesses get in federal courts. People whose depositions are taken, and the people who take those depositions, get paid the same fees that apply for similar work in federal courts.
the actual law source: uscode.house.gov ↗public domain

For the purposes of this subchapter the Commission, or its duly authorized agent or agents, shall at all reasonable times have access to, for the purpose of examination, and the right to copy any documentary evidence of any person, partnership, or corporation being investigated or proceeded against; and the Commission shall have power to require by subpoena the attendance and testimony of witnesses and the production of all such documentary evidence relating to any matter under investigation. Any member of the Commission may sign subpoenas, and members and examiners of the Commission may administer oaths and affirmations, examine witnesses, and receive evidence.

Such attendance of witnesses, and the production of such documentary evidence, may be required from any place in the United States, at any designated place of hearing. And in case of disobedience to a subpoena the Commission may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of documentary evidence.

Any of the district courts of the United States within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpoena issued to any person, partnership, or corporation issue an order requiring such person, partnership, or corporation to appear before the Commission, or to produce documentary evidence if so ordered, or to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof.

Upon the application of the Attorney General of the United States, at the request of the Commission, the district courts of the United States shall have jurisdiction to issue writs of mandamus commanding any person, partnership, or corporation to comply with the provisions of this subchapter or any order of the Commission made in pursuance thereof.

The Commission may order testimony to be taken by deposition in any proceeding or investigation pending under this subchapter at any stage of such proceeding or investigation. Such depositions may be taken before any person designated by the commission and having power to administer oaths. Such testimony shall be reduced to writing by the person taking the deposition, or under his direction, and shall then be subscribed by the deponent. Any person may be compelled to appear and depose and to produce documentary evidence in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the Commission as hereinbefore provided.

Witnesses summoned before the Commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the United States.

Source credit: (Sept. 26, 1914, ch. 311, § 9, 38 Stat. 722; Pub. L. 91–452, title II, § 211, Oct. 15, 1970, 84 Stat. 929; Pub. L. 93–637, title II, § 203(b), Jan. 4, 1975, 88 Stat. 2198.)

history & why it existsrecord from the source credit
  • 1914Enacted · Act of Sept. 26, 1914, ch. 311 · 38 Stat. 722
  • 1970Amended · Pub. L. 91-452 · 84 Stat. 929
  • 1975Amended · Pub. L. 93-637 · 88 Stat. 2198

A history note hasn’t been published yet. The record shows enactment by ch. 311 on 1914-09-26.

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