5 U.S.C. § 304 — Subpenas
submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 180 words · no verdicts yet
When a federal agency has a claim against the United States pending, its head can ask a court to issue a subpoena for a witness to answer questions under oath, in writing or in person, about that claim. If a subpoenaed witness refuses to show up or testify, the court can enforce the subpoena or punish the witness for disobeying it.
The head of an Executive department or military department or bureau thereof in which a claim against the United States is pending may apply to a judge or clerk of a court of the United States to issue a subpena for a witness within the jurisdiction of the court to appear at a time and place stated in the subpena before an individual authorized to take depositions to be used in the courts of the United States, to give full and true answers to such written interrogatories and cross-interrogatories as may be submitted with the application, or to be orally examined and cross-examined on the subject of the claim.
If a witness, after being served with a subpena, neglects or refuses to appear, or, appearing, refuses to testify, the judge of the district in which the subpena issued may proceed, on proper process, to enforce obedience to the subpena, or to punish for disobedience, in the same manner as a court of the United States may in case of process of subpena ad testificandum issued by the court.
Source credit: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 379.)
- 1966Enacted · Pub. L. 89-554 · 80 Stat. 379
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-554 on 1966-09-06.
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