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2 U.S.C. § 190mSubpoena for taking testimony; compensation of officers and witnesses; return of depositions

submitted 147 years ago by ch. 40 to r/title-2-THE-CONGRESS · 637 words · no verdicts yet

in plain englishAI-generated · not legal advice

A U.S. marshal must serve subpoenas for congressional testimony about private claims. The master in chancery running the hearing can put witnesses under oath and force them to appear. Fees are paid from Senate or House funds, and records go to the committee chairman.

The U.S. marshal for the district where testimony is being taken must serve, or have someone else serve, every subpoena issued for the United States under this section and section 190l of this title, the same way as if the district court itself had issued them. The marshal must also serve any subpoena requested by a private party, once that party pays the marshal's fee up front. The master in chancery running the examination can also appoint someone else to serve a subpoena. The master has full power to put witnesses under oath, and the same power to issue attachments — orders forcing witnesses to appear or to hand over books, papers, and documents — that the district court would have in a case before it. The master must report any witness who refuses to cooperate to the House of Congress that appointed the committee. The master in chancery is paid the same as for similar work in equity cases in the U.S. district court. Marshals, deputy marshals, and anyone appointed to serve papers are paid the same as for similar service in those courts. Witnesses are paid the same as witnesses attending and traveling to those district courts. All these fees and costs for the United States' side, and other costs of the investigation, are paid from the Senate's contingent fund (for a Senate committee) or the House's applicable accounts (for a House committee). When the examination ends, the master must gather all the depositions and exhibits together, and attach a certificate explaining the legal authority used, any notices given, which witnesses were subpoenaed or ordered to appear, which witnesses actually attended (with how long they attended, mileage, and fees, which the master can require proof of by affidavit), the master's own fees, the marshal's fees, and the fees of anyone else who served papers — along with any other relevant facts about how the depositions were taken. The master then seals up the depositions and papers, addresses them to the committee chairman in Washington, briefly describes the contents on the outside, and mails them, paying the postage. That sealed package can only be opened in front of the committee. The chairman of any committee that orders testimony taken under this section and section 190l of this title must, at least ten days before the examination and within two days after ordering it, send a copy of the order to the Attorney General — by hand or by mail to the Department of Justice. This lets the Attorney General instruct the local United States attorney where the testimony will be taken. That U.S. attorney may — and, if the Attorney General requires it, must — appear for the United States in person or through an assistant, and take part in the examination as the Attorney General directs, even without a request from the committee.
the actual law source: uscode.house.gov ↗public domain

It shall be the duty of the marshal of the United States for the district in which the testimony is to be taken to serve, or cause to be served, all subpoenas issued in behalf of the United States under this section and section 190l of this title, in the same manner as if issued by the district court for his district; and he shall, upon being first paid his fees therefor, serve any subpoenas that may be issued at the instance of such private party or parties. And the said master may, in his discretion, appoint any other person to serve any subpoena. Such master shall have full power to administer oaths to witnesses, and the same power to issue attachments to compel the attendance of witnesses and the production of books, papers, and documents, as the district court of his district would have in a case pending before it; and it shall be his duty to report the conduct of contumacious witnesses before him to the House of Congress appointing such committee. The compensation of such master in chancery, and the fees of marshals and deputy marshals, and of any person appointed to serve papers, shall be the same as for like services in equity cases in the district court of the United States; and the compensation of witnesses shall be the same as for like attendance and travel of witnesses before such district courts; and all such fees and compensation of officers and witnesses on behalf of the United States, and other expenses of all investigations which may be had under the provisions of this section and section 190l of this title on the part of the United States, shall be paid out of the contingent fund of the Senate, in the case of a committee of the Senate, or the applicable accounts of the House of Representatives, in the case of a committee of the House of Representatives. Said master, when the examination is concluded, shall attach together all the depositions and exhibits, and attach thereto his certificate setting forth or referring to the authority by which they were taken, any notices he may have given, the names of the witnesses for whom subpoenas or attachments were issued, the names of witnesses who attended, with the time of attendance and mileage and fees of each witness on behalf of the United States, which he may require to be shown by affidavit, his own fees, the fees of the marshal, his deputies or other persons serving papers, giving the items, and such other facts in relation to the circumstances connected with the taking of the depositions as he may deem material. He shall then seal up such depositions and papers securely, direct them to the chairman of such committee at Washington, stating briefly on the outside the nature of the contents, and place the same in the post office, paying the postage thereon; and said package shall be opened only in the presence of such committee. The chairman of any committee ordering testimony to be taken under this section and section 190l of this title shall, at least ten days before the time fixed for such examination, and within two days after the adoption of such order, cause a copy thereof to be directed and delivered to the Attorney General of the United States, or sent to him by mail at the Department of Justice, to enable him to give such instructions as he may deem best to the United States attorney of the district where such testimony is to be taken, who may, and, if required by the Attorney General, shall, though not requested by the committee, appear for the United States in person or by assistant, and take such part in such examination as the Attorney General shall direct.

Source credit: (Feb. 3, 1879, ch. 40, § 2, 20 Stat. 279; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; June 25, 1948, ch. 646, § 1, 62 Stat. 909; Pub. L. 104–186, title II, § 206(2), Aug. 20, 1996, 110 Stat. 1742.)

history & why it existsrecord from the source credit
  • 1879Enacted · Act of Feb. 3, 1879, ch. 40 · 20 Stat. 279
  • 1911Amended · Act of Mar. 3, 1911, ch. 231 · 36 Stat. 1167
  • 1948Amended · Act of June 25, 1948, ch. 646 · 62 Stat. 909
  • 1996Amended · Pub. L. 104-186 · 110 Stat. 1742

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

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