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18 U.S.C. § 1965 — Venue and process

submitted 56 years ago by Pub. L. 91-452 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 251 words · no verdicts yet

in plain englishAI-generated · not legal advice

A civil case under this chapter may be filed where a defendant resides, is found, has an agent, or does business. The section permits nationwide service for certain parties, witnesses, and process, subject to a 100-mile and good-cause rule for one kind of civil subpoena.

(a) A civil action or proceeding under this chapter against a person may be filed in the United States district where the person resides, is found, has an agent, or conducts business. (b) In a 18 U.S.C. § 1964 action, if the court finds that justice requires bringing in parties who live in another district, it may summon them and the district marshal may serve process anywhere in the United States. (c) In a civil or criminal case brought by the United States under this chapter, subpoenas from the district court requiring witnesses to attend may be served in any other district. But in a civil case, a subpoena may not be issued for service on someone living more than 100 miles from the court without a judge’s approval based on good cause. (d) All other process may be served on a person in any district where the person resides, is found, has an agent, or conducts business.

the actual law source: uscode.house.gov ↗public domain
(a)

Any civil action or proceeding under this chapter against any person may be instituted in the district court of the United States for any district in which such person resides, is found, has an agent, or transacts his affairs.

(b)

In any action under section 1964 of this chapter in any district court of the United States in which it is shown that the ends of justice require that other parties residing in any other district be brought before the court, the court may cause such parties to be summoned, and process for that purpose may be served in any judicial district of the United States by the marshal thereof.

(c)

In any civil or criminal action or proceeding instituted by the United States under this chapter in the district court of the United States for any judicial district, subpenas issued by such court to compel the attendance of witnesses may be served in any other judicial district, except that in any civil action or proceeding no such subpena shall be issued for service upon any individual who resides in another district at a place more than one hundred miles from the place at which such court is held without approval given by a judge of such court upon a showing of good cause.

(d)

All other process in any action or proceeding under this chapter may be served on any person in any judicial district in which such person resides, is found, has an agent, or transacts his affairs.

Source credit: (Added Pub. L. 91–452, title IX, § 901(a), Oct. 15, 1970, 84 Stat. 944.)

history & why it existsrecord from the source credit
  • 1970Enacted · Pub. L. 91-452 · 84 Stat. 944

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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