§2354 — Title 7 Agriculture | U.S. Code

Summary

If someone in a dispute before the Plant Variety Protection Office asks, the clerk of the U.S. district court where the testimony will be taken must send an official order for a witness who lives in that district or within 100 miles to appear and give sworn testimony to an authorized official at the time and place listed. The normal federal court rules about witness attendance and producing papers apply to these cases so long as they do not conflict with the Office’s rules. A witness who is ordered or who testifies must be paid the same fees and travel costs that district court witnesses get. A judge can force a witness to obey or punish refusal if a subpoenaed witness won’t show up or won’t testify. A witness cannot be held in contempt for disobeying the order unless, when the order is served, the witness is paid or offered the fees and travel for one day’s attendance, and the witness may refuse to give secret information unless a court or the Secretary orders it disclosed.

Title 7, §2354

Agriculture — Source: USLM XML via OLRC

(a)The clerk of any United States court for the district wherein testimony is to be taken in accordance with regulations established by the Secretary for use in any contested case in the Plant Variety Protection Office shall, upon the application of any party thereof, issue a subpoena for any witness residing or being within such district or within one hundred miles of the stated place in such district, commanding the witness to appear and testify before an officer in such district authorized to take depositions and affidavits, at the time and place stated in the subpoena. The provisions of the Federal Rules of Civil Procedure relating to the attendance of witnesses and the production of documents and things shall apply to contested cases in the Plant Variety Protection Office insofar as consistent with such regulations.

(b)Every witness subpoenaed or testifying shall be allowed the fees and traveling expenses allowed to witnesses attending the United States district courts.

(c)A judge of a court whose clerk issued a subpoena may enforce obedience to the process or punish disobedience as in other like cases, on proof that a witness, served with such subpoena, neglected or refused to appear or to testify. No witness shall be deemed guilty of contempt for disobeying such subpoena unless the fees and traveling expenses of the witness in going to, and returning from, one day’s attendance at the place of examination, are paid or tendered the witness at the time of the service of the subpoena; nor for refusing to disclose any secret matter except upon appropriate order of the court which issued the subpoena or of the Secretary.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Subsec. (a). Pub. L. 103–349, § 13(d)(1), substituted “the witness” for “him” in first sentence. Subsec. (c). Pub. L. 103–349, § 13(d)(2)(B), substituted “the witness” for “him” after “paid or tendered” in second sentence. Pub. L. 103–349, § 13(d)(2)(A), which directed that second sentence be amended by substituting “the fees and traveling expenses of the witness” for “this fees and traveling expenses”, was executed by making the substitution for “his fees and traveling expenses”, to reflect the probable intent of Congress.

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 AmendmentAmendment by Pub. L. 103–349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title.

§2354 Subpoenas; witnesses