§3507 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

A U.S. district court handling a criminal case can, if the foreign country allows, appoint a special master—an official who can run a deposition held abroad or advise on U.S. law at that deposition. The special master cannot rule on privilege under the foreign country’s law. If no special master is appointed, or the foreign country won’t let one act there, that does not change whether a deposition taken under the Federal Rules of Criminal Procedure can be used as evidence.

Title 18, §3507

Crimes and Criminal Procedure — Source: USLM XML via OLRC

Upon application of a party to a criminal case, a United States district court before which the case is pending may, to the extent permitted by a foreign country, appoint a special master to carry out at a deposition taken in that country such duties as the court may direct, including presiding at the deposition or serving as an advisor on questions of United States law. Notwithstanding any other provision of law, a special master appointed under this section shall not decide questions of privilege under foreign law. The refusal of a court to appoint a special master under this section, or of the foreign country to permit a special master appointed under this section to carry out a duty at a deposition in that country, shall not affect the admissibility in evidence of a deposition taken under the provisions of the Federal Rules of Criminal Procedure.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 30 days after Oct. 12, 1984, see section 1220 of Pub. L. 98–473, set out as a note under section 3505 of this title.

§3507 Special Master at Foreign Deposition

Summary

Title 18, §3507

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata