ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

28 U.S.C. § 1784 — Contempt

submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 272 words · no verdicts yet

in plain englishAI-generated · not legal advice

A court may require a person who ignored a subpoena served in a foreign country to explain why the person should not be held in contempt. If contempt is proved, the court may impose a fine of up to $100,000 and use seized property to pay it and the proceeding’s costs.

(a) A United States court that issued a subpoena served in a foreign country may order a person who failed to appear or produce the directed document or thing to show cause at a stated time why the person should not be punished for contempt. (b) The order may direct that the person’s United States property be levied on or seized under the law or court rules for execution. The property may be held to satisfy a judgment under (d) if the person gives security, in the amount the order sets, for damage the person might suffer if not found in contempt. The United States need not give security. (c) A copy of the order must be served under section 1783(b). (d) On the return date, or a later continued-hearing date, the court must take proof. If the person is found in contempt, the court may, despite general limits on contempt punishment, impose a fine of up to $100,000 and order that the fine and proceeding costs be paid from a sale of the levied or seized property. The sale must use the notice and procedure required for execution sales.

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

The court of the United States which has issued a subpoena served in a foreign country may order the person who has failed to appear or who has failed to produce a document or other thing as directed therein to show cause before it at a designated time why he should not be punished for contempt.

(b)

The court, in the order to show cause, may direct that any of the person’s property within the United States be levied upon or seized, in the manner provided by law or court rules governing levy or seizure under execution, and held to satisfy any judgment that may be rendered against him pursuant to subsection (d) of this section if adequate security, in such amount as the court may direct in the order, be given for any damage that he might suffer should he not be found in contempt. Security under this subsection may not be required of the United States.

(c)

A copy of the order to show cause shall be served on the person in accordance with section 1783(b) of this title.

(d)

On the return day of the order to show cause or any later day to which the hearing may be continued, proof shall be taken. If the person is found in contempt, the court, notwithstanding any limitation upon its power generally to punish for contempt, may fine him not more than $100,000 and direct that the fine and costs of the proceedings be satisfied by a sale of the property levied upon or seized, conducted upon the notice required and in the manner provided for sales upon execution.

Source credit: (June 25, 1948, ch. 646, 62 Stat. 949; Pub. L. 88–619, § 11, Oct. 3, 1964, 78 Stat. 998.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 949
  • 1964Amended · Pub. L. 88-619 · 78 Stat. 998

A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case