§1826 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

A witness in a U.S. federal court case or before a federal grand jury who refuses, without good reason, to follow a court order to testify or give books, papers, recordings, or other materials can be confined by the judge until they agree to comply. The confinement must be in a suitable place and cannot last longer than the court proceeding or the grand jury term, including any extensions. If the witness appeals, they may be denied bail if the appeal is frivolous or meant to delay, and the appeal must be decided as soon as possible and no later than 30 days after filing. Anyone who escapes, tries to escape, helps someone escape, or tries to help an escape from such custody can be punished by up to three years in prison, a fine of up to $10,000, or both.

Title 28, §1826

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)Whenever a witness in any proceeding before or ancillary to any court or grand jury of the United States refuses without just cause shown to comply with an order of the court to testify or provide other information, including any book, paper, document, record, recording or other material, the court, upon such refusal, or when such refusal is duly brought to its attention, may summarily order his confinement at a suitable place until such time as the witness is willing to give such testimony or provide such information. No period of such confinement shall exceed the life of—

(1)the court proceeding, or

(2)the term of the grand jury, including extensions,

(b)No person confined pursuant to subsection (a) of this section shall be admitted to bail pending the determination of an appeal taken by him from the order for his confinement if it appears that the appeal is frivolous or taken for delay. Any appeal from an order of confinement under this section shall be disposed of as soon as practicable, but not later than thirty days from the filing of such appeal.

(c)Whoever escapes or attempts to escape from the custody of any facility or from any place in which or to which he is confined pursuant to this section or section 4243 of title 18, or whoever rescues or attempts to rescue or instigates, aids, or assists the escape or attempt to escape of such a person, shall be subject to imprisonment for not more than three years, or a fine of not more than $10,000, or both.

Editorial Notes

Amendments

1984—Subsec. (c). Pub. L. 98–473 added subsec. (c).

§1826 Recalcitrant witnesses

Summary

Title 28, §1826

Notes & Related Subsidiaries

Editorial Notes

Amendments

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