28 U.S.C. § 1783 — Subpoena of person in foreign country
submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 248 words · no verdicts yet
A court may subpoena a United States national or resident who is in a foreign country when specified testimony or documents are necessary. The subpoena must state the time and place, follow foreign-service rules, and include estimated travel and attendance expenses.
(a) A United States court may order a subpoena for a United States national or resident who is in a foreign country. The subpoena may require the person to appear as a witness before the court or a person or body it designates, or to produce a specified document or other thing. The court must find that the testimony or production is necessary in the interest of justice. In a noncriminal action or proceeding, it must also find that the testimony cannot be obtained in admissible form without the person appearing personally, or that the document or thing cannot be obtained another way. (b) The subpoena must state the time and place for appearance or production. Service of the subpoena and of any order to show cause, rule, judgment, or decree authorized by this section or section 1784 must follow the Federal Rules of Civil Procedure rules for serving process on a person in a foreign country. The person serving the subpoena must offer the recipient the estimated necessary travel and attendance expenses. The court determines the amount and states it in the order directing issuance.
A court of the United States* may order the issuance of a subpoena requiring the appearance as a witness before it, or before a person or body designated by it, of a national or resident of the United States who is in a foreign country, or requiring the production of a specified document or other thing by him, if the court finds that particular testimony or the production of the document or other thing by him is necessary in the interest of justice, and, in other than a criminal action or proceeding, if the court finds, in addition, that it is not possible to obtain his testimony in admissible form without his personal appearance or to obtain the production of the document or other thing in any other manner.
The subpoena shall designate the time and place for the appearance or for the production of the document or other thing. Service of the subpoena and any order to show cause, rule, judgment, or decree authorized by this section or by section 1784 of this title shall be effected in accordance with the provisions of the Federal Rules of Civil Procedure relating to service of process on a person in a foreign country. The person serving the subpoena shall tender to the person to whom the subpoena is addressed his estimated necessary travel and attendance expenses, the amount of which shall be determined by the court and stated in the order directing the issuance of the subpoena.
Source credit: (June 25, 1948, ch. 646, 62 Stat. 949; Pub. L. 88–619, § 10(a), Oct. 3, 1964, 78 Stat. 997.)
- 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 949
- 1964Amended · Pub. L. 88-619 · 78 Stat. 997
A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.
all 0 arguments · sorted by: best
no arguments yet — make the first case