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28 U.S.C. § 1826Recalcitrant witnesses

submitted 56 years ago by Pub. L. 91-452 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 286 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section concerns “Recalcitrant witnesses.” It sets the rules for that subject.

(a) Whenever a witness in any proceeding before or ancillary to any court or grand jury of the United States refuses without just cause shown to comply with an order of the court to testify or provide other information, including any book, paper, document, record, recording or other material, the court, upon that refusal, or when that refusal is duly brought to its attention, may summarily order his confinement at a suitable place until that time as the witness is willing to give that testimony or provide that information. No period of that confinement must exceed the life of— (1) the court proceeding, or (2) the term of the grand jury, including extensions, before which that refusal to comply with the court order occurred, but in no event must that confinement exceed eighteen months. (b) No person confined under subsection (a) of this section must be admitted to bail pending the determination of an appeal taken by him from the order for his confinement if it appears that the appeal is frivolous or taken for delay. Any appeal from an order of confinement under this section must be disposed of as soon as practicable, but by thirty days from the filing of that appeal. (c) Whoever escapes or attempts to escape from the custody of any facility or from any place in which or to which he is confined under this section or section 4243 of title 18 , or whoever rescues or attempts to rescue or instigates, aids, or assists the escape or attempt to escape of that a person, must be subject to imprisonment for not more than three years, or a fine of not more than $10,000, or both.
the actual law source: uscode.house.gov ↗public domain
(a)

Whenever a witness in any proceeding before or ancillary to any court or grand jury of the United States refuses without just cause shown to comply with an order of the court to testify or provide other information, including any book, paper, document, record, recording or other material, the court, upon such refusal, or when such refusal is duly brought to its attention, may summarily order his confinement at a suitable place until such time as the witness is willing to give such testimony or provide such information. No period of such confinement shall exceed the life of—

(1)

the court proceeding, or

(2)

the term of the grand jury, including extensions,

before which such refusal to comply with the court order occurred, but in no event shall such confinement exceed eighteen months.

(b)

No person confined pursuant to subsection (a) of this section shall be admitted to bail pending the determination of an appeal taken by him from the order for his confinement if it appears that the appeal is frivolous or taken for delay. Any appeal from an order of confinement under this section shall be disposed of as soon as practicable, but not later than thirty days from the filing of such appeal.

(c)

Whoever escapes or attempts to escape from the custody of any facility or from any place in which or to which he is confined pursuant to this section or section 4243 of title 18, or whoever rescues or attempts to rescue or instigates, aids, or assists the escape or attempt to escape of such a person, shall be subject to imprisonment for not more than three years, or a fine of not more than $10,000, or both.

Source credit: (Added Pub. L. 91–452, title III, § 301(a), Oct. 15, 1970, 84 Stat. 932; amended Pub. L. 98–473, title II, § 1013, Oct. 12, 1984, 98 Stat. 2142.)

history & why it existsrecord from the source credit
  • 1970Enacted · Pub. L. 91-452 · 84 Stat. 932
  • 1984Amended · Pub. L. 98-473 · 98 Stat. 2142

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-452 on 1970-10-15.

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