§1783 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

A United States court can order a U.S. citizen or resident who is in another country to come and give testimony or to hand over a specified document or item. The court must decide that the person’s testimony or the item is needed for justice. In cases that are not criminal, the court must also find that the testimony cannot be gotten in a way the court will accept unless the person appears, or that the item cannot be obtained any other way. The subpoena must say when and where the person must appear or give the item. Service must follow the Federal Rules for serving someone in a foreign country. The person who serves the subpoena must give the witness an estimate of necessary travel and attendance expenses. The court sets that amount and puts it in the order.

Title 28, §1783

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)A court of the United States may order the issuance of a subpoena requiring the appearance as a witness before it, or before a person or body designated by it, of a national or resident of the United States who is in a foreign country, or requiring the production of a specified document or other thing by him, if the court finds that particular testimony or the production of the document or other thing by him is necessary in the interest of justice, and, in other than a criminal action or proceeding, if the court finds, in addition, that it is not possible to obtain his testimony in admissible form without his personal appearance or to obtain the production of the document or other thing in any other manner.

(b)The subpoena shall designate the time and place for the appearance or for the production of the document or other thing. Service of the subpoena and any order to show cause, rule, judgment, or decree authorized by this section or by section 1784 of this title shall be effected in accordance with the provisions of the Federal Rules of Civil Procedure relating to service of process on a person in a foreign country. The person serving the subpoena shall tender to the person to whom the subpoena is addressed his estimated necessary travel and attendance expenses, the amount of which shall be determined by the court and stated in the order directing the issuance of the subpoena.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §§ 711, 712, and 713 (July 3, 1926, ch. 762, §§ 1–3, 44 Stat. 835). Word “resident” was substituted for “or domiciled therein.” (See reviser’s note under section 1391 of this title.) Words “or any assistant or district attorney acting under him,” after “Attorney General” in section 712 of title 28, U.S.C., 1940 ed., were omitted, since, in any event, the approval of the Attorney General would be required. (See section 507 of this title.) Changes were made in phraseology.

Editorial Notes

References in Text

The Federal Rules of Civil Procedure, referred to in subsec. (b), are set out in the Appendix to this title.

Amendments

1964—Pub. L. 88–619 amended section generally, and among other changes, authorized a United States court to issue a subpoena to require the appearance of a witness before it or a person or body designated by it, and the production of documents or other tangible evidence, when necessary in the interest of justice, and in other than criminal actions or proceedings, if the court finds, in addition, that its not possible to obtain admissible evidence in any other manner, and provided that the procedure relating to the subpoena shall be in accordance with the Federal Rules of Civil Procedure, and struck out provisions which authorized the issuance of a subpoena when a personally notified individual failed to appear to testify pursuant to letter rogatory, or failed to answer any question he would have to answer in any examination before the court or if such person was beyond United States jurisdiction and the testimony was desired by the Attorney General in a criminal proceeding, provided that the subpoena issue to any United States consul, that the consul make personal service of the subpoena and of any order, rule, judgment or decree, that he make return of the subpoena and tender expenses to the witness, and substituted “person” for “witness” in section catchline.

§1783 Subpoena of person in foreign country