ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

2 U.S.C. § 190lPrivate claims pending before Congress; taking of testimony

submitted 147 years ago by ch. 40 to r/title-2-THE-CONGRESS · 426 words · no verdicts yet

in plain englishAI-generated · not legal advice

Congress committees can gather testimony and evidence for private claims against the United States. A standing master in chancery runs the examination and issues subpoenas. The government or the private party can send their own representative to take part.

When a private claim against the United States is pending before a House committee, and that House has authorized it, the committee can order testimony taken and books or papers examined, with copies made and proven, before a standing master in chancery in the judicial district where the testimony or evidence will be gathered. The committee sends the master a signed order — signed by the committee chairman — stating the time and place of the examination, the questions to look into, and, if known, the names of witnesses for the United States and what books, papers, or documents will be examined. The master must then give reasonable notice of the time and place to the private parties involved, unless the committee, its chairman, or the government's attorney or agent already gave notice, or the private party waived it. The master issues subpoenas for any witnesses named in the committee's order, and for other witnesses the government's representative requests. The master must also issue subpoenas, at the private party's request, for witnesses within that judicial district whom the private party wants to call. However, the United States does not have to pay any officer's fee for serving a subpoena for a private party, or any witness fee on that party's behalf. The committee may tell the United States attorney for that district the time, place, and purpose of the examination, and ask that attorney to attend on the government's behalf — and it is that attorney's duty to attend in person, or through an assistant, to conduct the examination for the United States. Instead, the committee can choose to appoint its own agent, attorney, or one of its own members to handle this. If the committee isn't unanimous about that choice, the minority of the committee can also appoint its own agent, attorney, or member to attend and take part in the examination.
the actual law source: uscode.house.gov ↗public domain

Any committee of either House of Congress before which any private claim against the United States may at any time be pending, being first thereto authorized by the House appointing them, may order testimony to be taken, and books and papers to be examined, and copies thereof proved, before any standing master in chancery within the judicial district where such testimony or evidence is to be taken. Such master in chancery, upon receiving a copy of the order of such committee, signed by its chairman, setting forth the time and place when and where such examination is to be had, the questions to be investigated, and, so far as may be known to the committee, the names of the witnesses to be examined on the part of the United States, and the general nature of the books, papers, and documents to be proved, if known, shall proceed to give to such private parties reasonable notice of the time and place of such examination, unless such notice shall have been or shall be given by such committee or its chairman, or by the attorney or agent of the United States, or waived by such private party. And such master shall issue subpoenas for such witnesses as may have been named in the order of such committee, and such others as the agent or other representative of the United States hereinafter mentioned shall request. And he shall also issue subpoenas at the request of such private party, or parties, for such witnesses within such judicial district as they may desire: Provided, That the United States shall not be liable for the fees of any officer for serving any subpoena for any private party, nor for the fees of any witness on behalf of such party. Said committee may inform the United States attorney for the district where the testimony is to be taken of the time, place, and object of such examination, and request his attendance in behalf of the Government in conducting such examination, in which case it shall be his duty to attend in person, or by an assistant employed by him, to conduct such examination on the part of the United States, or such committee may, at its option, appoint an agent or attorney, or one of its own members, for that purpose, as they may deem best; and in that event, if the committee shall not be unanimous, the minority of the committee may also appoint such agent or attorney or member of such committee to attend and take part in such examination.

Source credit: (Feb. 3, 1879, ch. 40, § 1, 20 Stat. 278; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; June 25, 1948, ch. 646, § 1, 62 Stat. 909.)

history & why it existsrecord from the source credit
  • 1879Enacted · Act of Feb. 3, 1879, ch. 40 · 20 Stat. 278
  • 1911Amended · Act of Mar. 3, 1911, ch. 231 · 36 Stat. 1167
  • 1948Amended · Act of June 25, 1948, ch. 646 · 62 Stat. 909

A history note hasn’t been published yet. The record shows enactment by ch. 40 on 1879-02-03.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case