Title 18, Crimes and Criminal ProcedureRelease 119-102
§3191 Witnesses for Indigent Fugitives
Title 18 › PART II — CRIMINAL PROCEDURE › CHAPTER 209 — EXTRADITION › § 3191
Summary
A judge can order witnesses to be subpoenaed at an extradition hearing if the accused files a sworn written statement saying there are witnesses important to the defense, that the accused cannot safely go to trial without them, what each witness would prove, and that the accused cannot afford to pay witness fees. The government must pay the costs and witness fees the same way it does for witnesses subpoenaed for the United States.
Full Legal Text
Title 18, §3191
Crimes and Criminal Procedure, Source: USLM XML via OLRC
On the hearing of any case under a claim of extradition by a foreign government, upon affidavit being filed by the person charged setting forth that there are witnesses whose evidence is material to his defense, that he cannot safely go to trial without them, what he expects to prove by each of them, and that he is not possessed of sufficient means, and is actually unable to pay the fees of such witnesses, the judge or magistrate judge hearing the matter may order that such witnesses be subpenaed; and the costs incurred by the process, and the fees of witnesses, shall be paid in the same manner as in the case of witnesses subpenaed in behalf of the United States.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., § 656 (Aug. 3, 1882, ch. 378, § 3, 22 Stat. 215). Words “that similar” after “manner” were omitted as unnecessary.
Editorial Notes
Amendments
1968—Pub. L. 90–578 substituted “magistrate” for “commissioner”.
Statutory Notes and Related Subsidiaries
Change of Name
Words “magistrate judge” substituted for “magistrate” in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
Effective Date
of 1968 AmendmentAmendment by Pub. L. 90–578 effective Oct. 17, 1968, except when a later
Effective Date
is applicable, which is the earlier of date when implementation of amendment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L. 90–578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
Reference
Citations & Metadata
Citation
18 U.S.C. § 3191
Title 18, Crimes and Criminal Procedure
Last Updated
Aug 21, 2026
Release point: 119-102