21 U.S.C. § 876 — Subpenas
submitted 56 years ago by Pub. L. 91-513 to r/title-21-FOOD-AND-DRUGS · 419 words · no verdicts yet
The Attorney General may subpoena witnesses and records in specified controlled-substance investigations, serve those subpoenas, and ask a federal court to enforce them.
(a) In an investigation concerning controlled substances, listed chemicals, tableting machines, or encapsulating machines, the Attorney General may subpoena witnesses, compel attendance and testimony, and require records—including books, papers, documents, and tangible evidence—that he finds relevant or material. Attendance and records may be required from anywhere in a State*, territory, or other place under United States jurisdiction to a designated hearing place, but a witness cannot be required to travel more than 500 miles from where served. Summoned witnesses receive the fees and mileage paid to United States-court witnesses.
(b) A person named in the subpoena may serve it. A natural person may be served by personal delivery*. A domestic or foreign corporation, or suable partnership or unincorporated association, may be served by delivery to an officer, managing or general agent*, or legally or officially appointed process agent. The server's affidavit on a true copy proves service.
(c) If a person refuses or fails to obey, the Attorney General may ask an appropriate United States court to compel compliance. The court may order the person to appear before the Attorney General, produce ordered records, or testify about the investigation. Disobeying the court order may be punished as contempt. Process may be served in any district where the person is found.
In any investigation relating to his functions under this subchapter with respect to controlled substances, listed chemicals, tableting machines, or encapsulating machines, the Attorney General may subpena witnesses, compel the attendance and testimony of witnesses, and require the production* of any records (including books, papers, documents, and other tangible things which constitute or contain evidence) which the Attorney General finds relevant or material to the investigation. The attendance of witnesses and the production of records may be required from any place in any State* or in any territory or other place subject to the jurisdiction of the United States at any designated place of hearing; except that a witness shall not be required to appear at any hearing more than 500 miles distant from the place where he was served with a subpena. Witnesses summoned under this section shall be paid the same fees and mileage that are paid witnesses in the courts of the United States.
A subpena issued under this section may be served by any person designated in the subpena to serve it. Service upon a natural person may be made by personal delivery* of the subpena to him. Service may be made upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit under a common name, by delivering the subpena to an officer, to a managing or general agent*, or to any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the subpena entered on a true copy thereof by the person serving it shall be proof of service.
In the case of contumacy by or refusal to obey a subpena issued to any person, the Attorney General may invoke the aid of any court of the United States within the jurisdiction of which the investigation is carried on or of which the subpenaed person is an inhabitant, or in which he carries on business or may be found, to compel compliance with the subpena. The court may issue an order requiring the subpenaed person to appear before the Attorney General to produce records, if so ordered, or to give testimony touching the matter under investigation. Any failure to obey the order of the court may be punished by the court as a contempt thereof. All process in any such case may be served in any judicial district in which such person may be found.
Source credit: (Pub. L. 91–513, title II, § 506, Oct. 27, 1970, 84 Stat. 1272; Pub. L. 100–690, title VI, § 6058, Nov. 18, 1988, 102 Stat. 4319.)
- 1970Enacted · Pub. L. 91-513 · 84 Stat. 1272
- 1988Amended · Pub. L. 100-690 · 102 Stat. 4319
A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-513 on 1970-10-27.
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