ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

5 U.S.C. § 304Subpenas

submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 180 words · no verdicts yet

in plain englishAI-generated · not legal advice

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.

(a) The head of an Executive department or military department, or a bureau within one of those, that has a claim against the United States pending, can apply to a judge or clerk of a U.S. court to issue a subpoena for a witness within that court's jurisdiction. The subpoena orders the witness to appear at a stated time and place before someone authorized to take depositions to be used in U.S. courts. There, the witness must give full and true answers to written questions and follow-up questions submitted with the application, or be examined and cross-examined out loud about the claim. (b) If a witness who has been served with the subpoena neglects or refuses to appear, or appears but refuses to testify, the judge of the district where the subpoena was issued may, through proper legal process, act to enforce obedience to the subpoena, or to punish the witness for disobeying it — the same way a U.S. court could act in the case of a subpoena ad testificandum (a subpoena to testify) that the court itself issued.
the actual law source: uscode.house.gov ↗public domain
(a)

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.

(b)

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.)

history & why it existsrecord from the source credit
  • 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.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case