15 U.S.C. § 1313 — Custodian of documents, answers and transcripts
submitted 64 years ago by Pub. L. 87-664 to r/title-15-COMMERCE-AND-TRADE · 1,070 words · no verdicts yet
The Antitrust Division must designate custodians for documents, written answers, and testimony gathered under this chapter. The section governs production, copying, confidentiality, official use, return of materials, and replacement of custodians.
(a) Designation. The Antitrust Division Assistant Attorney General must designate an antitrust investigator* as custodian* of documents, interrogatory answers, and oral-testimony transcripts received under this chapter, and may designate additional investigators as deputies.
(b) Production. A person* properly served with a section 1312 document demand must make the documents available to the named custodian for inspection and copying at the person’s main business place on the demand’s return date, unless the custodian and person later agree in writing to another place, the court directs another place under section 1314(d), or the custodian prescribes a later date in writing. By written agreement, copies may replace some or all originals.
(c) Responsibility and disclosure.
(1) The custodian must take physical possession of the documentary material*, answers to interrogatories, and transcripts of oral testimony. The custodian is responsible for how those items are used and for returning documentary material under this chapter.
(2) Under Attorney General regulations, the custodian may make copies needed for official use by authorized DOJ officials, employees, or agents. Despite paragraph (3), those people may use the materials for oral testimony under this chapter.
(3) Unless this section says otherwise, while held by the custodian, produced documents, answers, transcripts, and copies may not be examined without the producer’s consent. For a discovery product expressly demanded, the discovery provider’s consent is also required. This restriction does not apply to authorized DOJ officials, employees, or agents. It does not prevent disclosure to either house of Congress or an authorized committee or subcommittee.
(4) Under reasonable terms set by the Attorney General, the producer or representative may examine produced documents and answers, and the person who gave testimony or that person’s counsel may examine the transcript.
(d) Investigative files.
(1) If a DOJ attorney is designated to appear before a court, grand jury, or Federal administrative or regulatory agency, the custodian may give that attorney materials needed for official use in the matter. When it ends, the attorney must return materials not placed under the tribunal’s or agency’s control by entering them into the record.
(2) At the Federal Trade Commission’s written request, the custodian may give it copies for an investigation or proceeding within its jurisdiction. The Commission may use them only under the same manner and conditions that apply to DOJ under this chapter.
(e) Return. If a proceeding before a court or grand jury arising from the investigation, or a proceeding before a Federal administrative or regulatory agency involving the documentary material, has ended, or if no proceeding in which the documentary material may be used began within a reasonable time after all documentary material and other information gathered in the investigation was examined and analyzed, the custodian must, on the producer’s written request, return to that person the documentary material that has not passed into the control of a court, grand jury, or agency through its introduction into the record. This excludes copies supplied under subsection (b) or made by the Department of Justice under subsection (c).
(f) Successor. If the custodian dies, becomes disabled, leaves DOJ, is officially relieved of custody, or control otherwise changes, the Assistant Attorney General must promptly designate a successor and notify the producer in writing of the successor’s identity and address. The successor has the predecessor’s duties and responsibilities, but is not responsible for an earlier default or neglect.
The Assistant Attorney General in charge of the Antitrust Division of the Department of Justice shall designate an antitrust investigator* to serve as custodian* of documentary material*, answers to interrogatories, and transcripts of oral testimony received under this chapter, and such additional antitrust investigators as he shall determine from time to time to be necessary to serve as deputies to such officer.
Any person*, upon whom any demand under section 1312 of this title for the production of documentary material has been duly served, shall make such material available for inspection and copying or reproduction to the custodian designated therein at the principal place of business of such person (or at such other place as such custodian and such person thereafter may agree and prescribe in writing or as the court may direct, pursuant to section 1314(d) 1 of this title) on the return date specified in such demand (or on such later date as such custodian may prescribe in writing). Such person may upon written agreement between such person and the custodian substitute copies for originals of all or any part of such material.
The custodian to whom any documentary material, answers to interrogatories, or transcripts of oral testimony are delivered shall take physical possession thereof, and shall be responsible for the use made thereof and for the return of documentary material, pursuant to this chapter.
The custodian may cause the preparation of such copies of such documentary material, answers to interrogatories, or transcripts of oral testimony as may be required for official use by any duly authorized official, employee, or agent* of the Department of Justice under regulations which shall be promulgated by the Attorney General. Notwithstanding paragraph (3) of this subsection, such material, answers, and transcripts may be used by any such official, employee, or agent in connection with the taking of oral testimony pursuant to this chapter.
Except as otherwise provided in this section, while in the possession of the custodian, no documentary material, answers to interrogatories, or transcripts of oral testimony, or copies thereof, so produced shall be available for examination, without the consent of the person who produced such material, answers, or transcripts, and, in the case of any product of discovery* produced pursuant to an express demand for such material, of the person from whom the discovery was obtained, by any individual other than a duly authorized official, employee, or agent of the Department of Justice. Nothing in this section is intended to prevent disclosure to either body of the Congress or to any authorized committee or subcommittee thereof.
While in the possession of the custodian and under such reasonable terms and conditions as the Attorney General shall prescribe, (A) documentary material and answers to interrogatories shall be available for examination by the person who produced such material or answers, or by any duly authorized representative of such person, and (B) transcripts of oral testimony shall be available for examination by the person who produced such testimony, or his counsel.
Whenever any attorney of the Department of Justice has been designated to appear before any court, grand jury, or Federal administrative or regulatory agency in any case or proceeding, the custodian of any documentary material, answers to interrogatories, or transcripts of oral testimony may deliver to such attorney such material, answers, or transcripts for official use in connection with any such case, grand jury, or proceeding as such attorney determines to be required. Upon the completion of any such case, grand jury, or proceeding, such attorney shall return to the custodian any such material, answers, or transcripts so delivered which have not passed into the control of such court, grand jury, or agency through the introduction thereof into the record of such case or proceeding.
The custodian of any documentary material, answers to interrogatories, or transcripts of oral testimony may deliver to the Federal Trade Commission, in response to a written request, copies of such material, answers, or transcripts for use in connection with an investigation or proceeding under the Commission’s jurisdiction. Such material, answers, or transcripts may only be used by the Commission in such manner and subject to such conditions as apply to the Department of Justice under this chapter.
If any documentary material has been produced in the course of any antitrust investigation* by any person pursuant to a demand under this chapter and—
any case or proceeding before any court or grand jury arising out of such investigation, or any proceeding before any Federal administrative or regulatory agency involving such material, has been completed, or
no case or proceeding, in which such material may be used, has been commenced within a reasonable time after completion of the examination and analysis of all documentary material and other information assembled in the course of such investigation,
the custodian shall, upon written request of the person who produced such material, return to such person any such material (other than copies thereof furnished to the custodian pursuant to subsection (b) of this section or made by the Department of Justice pursuant to subsection (c) of this section) which has not passed into the control of any court, grand jury, or agency through the introduction thereof into the record of such case or proceeding.
In the event of the death, disability, or separation from service in the Department of Justice of the custodian of any documentary material, answers to interrogatories, or transcripts of oral testimony produced under any demand issued pursuant to this chapter, or the official relief of such custodian from responsibility for the custody and control of such material, answers, or transcripts, the Assistant Attorney General in charge of the Antitrust Division shall promptly (1) designate another antitrust investigator to serve as custodian of such material, answers, or transcripts, and (2) transmit in writing to the person who produced such material, answers, or testimony notice as to the identity and address of the successor so designated. Any successor designated under this subsection shall have with regard to such material, answers, or transcripts all duties and responsibilities imposed by this chapter upon his predecessor in office with regard thereto, except that he shall not be held responsible for any default or dereliction which occurred prior to his designation.
Source credit: (Pub. L. 87–664, § 4, Sept. 19, 1962, 76 Stat. 549; Pub. L. 94–435, title I, § 103, Sept. 30, 1976, 90 Stat. 1387; Pub. L. 96–349, §§ 2(b)(4), 7(a)(2), Sept. 12, 1980, 94 Stat. 1155, 1158.)
- 1962Enacted · Pub. L. 87-664 · 76 Stat. 549
- 1976Amended · Pub. L. 94-435 · 90 Stat. 1387
- 1980Amended · Pub. L. 96-349 · 94 Stat. 1155, 1158
A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-664 on 1962-09-19.
all 0 arguments · sorted by: best
no arguments yet — make the first case