25 U.S.C. § 2715 — Subpoena and deposition authority
submitted 38 years ago by Pub. L. 100-497 to r/title-25-INDIANS · 473 words · no verdicts yet
By a vote of at least two members, the Commission may subpoena witnesses and documents, and it may require depositions. Courts may enforce subpoenas and punish disobedience as contempt; witnesses and deposition takers receive court-like fees.
(a) Attendance, testimony, production of papers, and similar matters. By a vote of at least two members, the Commission* may subpoena witnesses to attend and testify and may subpoena all books, papers, and documents related to a matter being considered or investigated. Subpoenaed witnesses receive the same fees and mileage paid to witnesses in United States courts.
(b) Geographical location. The Commission may require witnesses to attend and books, papers, and documents to be produced from anywhere in the United States at any designated hearing place. The Commission may ask the Secretary* to ask the Attorney General* to bring an action enforcing a subpoena under this section.
(c) Refusal of subpoena; court order; contempt. If a person stubbornly refuses or otherwise refuses to obey a subpoena, any United States court in whose jurisdiction the inquiry is conducted may order the person to appear before the Commission, produce the books, papers, or documents ordered, and give evidence about the matter. The court may punish failure to obey its order as contempt of court.
(d) Depositions; notice. At any stage of a Commission proceeding or investigation, a Commissioner may order testimony to be taken by deposition. The deposition may be taken before a person the Commission designates who has power to administer oaths. Before a party or attorney takes a deposition, that party or attorney must give the Commission reasonable written notice. A Commissioner proposing to take a deposition must also give reasonable notice. The notice must state the witness’s name and when and where the deposition will occur. Anyone may be compelled to appear, give a deposition, and produce books, papers, or documents in the same way witnesses may be compelled to appear, testify, and produce similar documents before the Commission under this section.
(e) Oath or affirmation required. Every person giving a deposition must be cautioned and must swear to tell the whole truth, unless the person asks to affirm instead. The person must be carefully questioned. The person taking the deposition, or someone working under that person’s direction, must put the testimony in writing. Afterward, the person giving the deposition must sign it. Every deposition must be promptly filed with the Commission.
(f) Witness fees. Witnesses whose depositions are taken under this section, and the people who take those depositions, are each entitled to the same fees paid for similar services in United States courts.
By a vote of not less than two members, the Commission* shall have the power to require by subpoena the attendance and testimony of witnesses and the production of all books, papers, and documents relating to any matter under consideration or investigation. Witnesses so summoned shall be paid the same fees and mileage that are paid witnesses in the courts of the United States.
The attendance of witnesses and the production of books, papers, and documents, may be required from any place in the United States at any designated place of hearing. The Commission may request the Secretary* to request the Attorney General* to bring an action to enforce any subpoena under this section.
Any court of the United States within the jurisdiction of which an inquiry is carried on may, in case of contumacy or refusal to obey a subpoena for any reason, issue an order requiring such person to appear before the Commission (and produce books, papers, or documents as so ordered) and give evidence concerning the matter in question and any failure to obey such order of the court may be punished by such court as a contempt thereof.
A Commissioner may order testimony to be taken by deposition in any proceeding or investigation pending before the Commission at any stage of such proceeding or investigation. Such depositions may be taken before any person designated by the Commission and having power to administer oaths. Reasonable notice must first be given to the Commission in writing by the party or his attorney proposing to take such deposition, and, in cases in which a Commissioner proposes to take a deposition, reasonable notice must be given. The notice shall state the name of the witness and the time and place of the taking of his deposition. Any person may be compelled to appear and depose, and to produce books, papers, or documents, in the same manner as witnesses may be compelled to appear and testify and produce like documentary evidence before the Commission, as hereinbefore provided.
Every person deposing as herein provided shall be cautioned and shall be required to swear (or affirm, if he so requests) to testify to the whole truth, and shall be carefully examined. His testimony shall be reduced to writing by the person taking the deposition, or under his direction, and shall, after it has been reduced to writing, be subscribed by the deponent. All depositions shall be promptly filed with the Commission.
Witnesses whose depositions are taken as authorized in this section, and the persons taking the same, shall severally be entitled to the same fees as are paid for like services in the courts of the United States.
Source credit: (Pub. L. 100–497, § 16, Oct. 17, 1988, 102 Stat. 2483.)
- 1988Enacted · Pub. L. 100-497 · 102 Stat. 2483
A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-497 on 1988-10-17.
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