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19 U.S.C. § 535Compulsory production of books, invoices, or papers

submitted 152 years ago by ch. 391 to r/title-19-CUSTOMS-DUTIES · 315 words · no verdicts yet

in plain englishAI-generated · not legal advice

In civil revenue cases, government lawyers can ask courts to order defendants to produce business records. If the defendant refuses without a good excuse, the court can treat the claim as proven. If produced, the government's lawyer may examine the records in court, with the owner present.

In any civil suit or proceeding — but not a criminal case — that arises under a federal revenue law, the government's attorney may act if they believe a business book, invoice, or paper belonging to or controlled by the defendant or claimant would help prove something the United States has alleged. The attorney may file a written motion that describes the book, invoice, or paper and states what allegation it would help prove. The court handling the case may then, at its discretion, order the defendant or claimant to produce that book, invoice, or paper in court on a specific day and time. That notice, along with a copy of the motion, must be formally served on the defendant or claimant by a U.S. marshal — either by delivering a certified copy or by serving it the way original suit notices are served in that court. If the defendant or claimant fails or refuses to produce the item as ordered, the allegations in the motion are treated as admitted — unless the defendant or claimant explains the failure to the court's satisfaction. If the item is produced, the government's attorney may examine, under the court's direction, whatever entries relate to or help prove the allegation (the defendant, claimant, or their agent may be present for this), and may offer that evidence on the government's behalf. The owner of the books and papers, or their agent or attorney, keeps custody of them at all other times, subject to the court's orders, except while they're being examined in court.
the actual law source: uscode.house.gov ↗public domain

In all suits and proceedings other than criminal arising under any of the revenue laws of the United States, the attorney representing the Government, whenever, in his belief, any business book, invoice, or paper, belonging to or under the control of the defendant or claimant, will tend to prove any allegation made by the United States, may make a written motion, particularly describing such book, invoice, or paper, and setting forth the allegation which he expects to prove; and thereupon the court in which suit or proceeding is pending may, at its discretion, issue a notice to the defendant or claimant to produce such book, invoice, or paper in court, at a day and hour to be specified in said notice, which, together with a copy of said motion, shall be served formally on the defendant or claimant by the United States marshal by delivering to him a certified copy thereof, or otherwise serving the same as original notices of suit in the same court are served; and if the defendant or claimant shall fail or refuse to produce such book, invoice, or paper in obedience to such notice, the allegations stated in the said motion shall be taken as confessed unless his failure or refusal to produce the same shall be explained to the satisfaction of the court. And if produced, the said attorney shall be permitted, under the direction of the court, to make examination (at which examination the defendant or claimant, or his agent, may be present) of such entries in said book, invoice, or paper as relate to or tend to prove the allegation aforesaid, and may offer the same in evidence on behalf of the United States. But the owner of said books and papers, his agent or attorney, shall have, subject to the order of the court, the custody of them, except pending their examination in court as aforesaid.

Source credit: (June 22, 1874, ch. 391, § 5, 18 Stat. 187.)

history & why it existsrecord from the source credit
  • 1874Enacted · Act of June 22, 1874, ch. 391 · 18 Stat. 187

A history note hasn’t been published yet. The record shows enactment by ch. 391 on 1874-06-22.

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