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Title 15 — Commerce and TradeRelease 119-73

§49 Documentary evidence; depositions; witnesses

Title 15 › Chapter CHAPTER 2— - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND PREVENTION OF UNFAIR METHODS OF COMPETITION › Subchapter SUBCHAPTER I— - FEDERAL TRADE COMMISSION › § 49

Last updated Apr 6, 2026|Official source

Summary

The Commission and its authorized agents may inspect and copy any papers or records from a person, partnership, or company being investigated. The Commission can make people come and testify and can demand they bring records by issuing subpoenas. Any Commission member can sign those subpoenas, and Commission members or examiners can put witnesses under oath, question them, and accept evidence. Witnesses can be required to appear anywhere in the United States at a set hearing. If someone ignores a subpoena, the Commission can ask a federal court to force compliance. A district court where the inquiry is happening can order a person or company to appear, give testimony, or turn over documents, and can punish refusal as contempt. If the Commission asks, the Attorney General can ask a court to order someone to obey the rules. The Commission can also order depositions (sworn written testimony taken by a designated person) at any time, and deposition witnesses and the person taking the deposition get the same fees and travel pay as in U.S. courts.

Full Legal Text

Title 15, §49

Commerce and Trade — Source: USLM XML via OLRC

For the purposes of this subchapter the Commission, or its duly authorized agent or agents, shall at all reasonable times have access to, for the purpose of examination, and the right to copy any documentary evidence of any person, partnership, or corporation being investigated or proceeded against; and the Commission shall have power to require by subpoena the attendance and testimony of witnesses and the production of all such documentary evidence relating to any matter under investigation. Any member of the Commission may sign subpoenas, and members and examiners of the Commission may administer oaths and affirmations, examine witnesses, and receive evidence. Such attendance of witnesses, and the production of such documentary evidence, may be required from any place in the United States, at any designated place of hearing. And in case of disobedience to a subpoena the Commission may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of documentary evidence. Any of the district courts of the United States within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpoena issued to any person, partnership, or corporation issue an order requiring such person, partnership, or corporation to appear before the Commission, or to produce documentary evidence if so ordered, or to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof. Upon the application of the Attorney General of the United States, at the request of the Commission, the district courts of the United States shall have jurisdiction to issue writs of mandamus commanding any person, partnership, or corporation to comply with the provisions of this subchapter or any order of the Commission made in pursuance thereof. The Commission may order testimony to be taken by deposition in any proceeding or investigation pending under this subchapter 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. Such testimony shall be reduced to writing by the person taking the deposition, or under his direction, and shall then be subscribed by the deponent. Any person may be compelled to appear and depose and to produce documentary evidence in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the Commission as hereinbefore provided. Witnesses summoned before the Commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States and witnesses whose depositions are taken 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1975—First par. Pub. L. 93–637, § 203(b)(1), substituted “person, partnership, or corporation” for “corporation”. Third par. Pub. L. 93–637, § 203(b)(2), substituted “person, partnership, or corporation” for “corporation or other person” wherever appearing. Fourth par. Pub. L. 93–637, § 203(b)(3), substituted “person, partnership, or corporation” for “person or corporation”. 1970—Seventh par. Pub. L. 91–452 struck out provisions which granted immunity from prosecution for any natural person testifying or producing evidence, documentary or otherwise, before the commission in obedience to a subpoena issued by it.

Statutory Notes and Related Subsidiaries

Effective Date

of 1970 AmendmentAmendment by Pub. L. 91–452 effective on sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91–452, set out as an

Savings Provision

note under section 6001 of Title 18, Crimes and Criminal Procedure.

Savings Provision

Amendment by Pub. L. 91–452 not to affect any immunity to which any individual is entitled under this section by reason of any testimony given before the sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91–452, set out as an

Savings Provision

note under section 6001 of Title 18, Crimes and Criminal Procedure.

Executive Documents

Transfer of Functions

For

Transfer of Functions

of Federal Trade Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of 1950, § 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section 41 of this title.

Reference

Citations & Metadata

Citation

15 U.S.C. § 49

Title 15 — Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73