2 U.S.C. § 388: Subpena for attendance at…

Summary

If a party asks, a judge or clerk in the federal, state, or county court where the deposition will be held must issue a subpoena for someone to attend. The subpoena must be served at least three days before the attendance date. Anyone 18 or older who is not a party to the contested election case can serve it. The server must give the witness a copy and pay the fee for one day’s attendance and the mileage allowed by section 389, then file a written sworn statement saying it was served with the Clerk. A subpoena must show who issued it and the case name, and must say when and where the person must appear and before which officer. It can also order the person to bring books, papers, or other items. The committee may promptly move to cancel or change the subpoena if it is unreasonable or oppressive, or require the issuing party to advance the reasonable cost of producing the items. Public records can be supplied as certified copies instead of originals.

Title 2, §388

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(a)Issuance

Upon application of any party, a subpena for attendance at a deposition shall be issued by:

(1)a judge or clerk of the United States district court for the district in which the place of examination is located;

(2)a judge or clerk of any court of record of the State in which the place of examination is located; or

(3)a judge or clerk of any court of record of the county in which the place of examination is located.

(b)Time, method, and proof of service

Service of the subpena shall be made upon the witness no later than three days before the day on which his attendance is directed. A subpena may be served by any person who is not a party to the contested election case and is not less than eighteen years of age. Service of a subpena upon a person named therein shall be made by delivering a copy thereof to such person and by tendering to him the fee for one day’s attendance and the mileage allowed by section 389 of this title. Written proof of service shall be made under oath by the person making same and shall be filed with the Clerk.

(c)Place of examination

A witness may be required to attend an examination only in the county wherein he resides or is employed, or transacts his business in person, or is served with a subpena, or within forty miles of the place of service.

(d)Form

Every subpena shall state the name and title of the officer issuing same and the title of the contested election case, and shall command each person to whom it is directed to attend and give testimony at a time and place and before an officer specified therein.

(e)Production of documents

A subpena may also command the person to whom it is directed to produce the books, papers, documents, or other tangible things designated therein, but the committee, upon motion promptly made and in any event at or before the time specified in the subpena for compliance therewith, may (1) quash or modify the subpena if it is unreasonable or oppressive, or (2) condition denial of the motion upon the advancement by the party in whose behalf the subpena is issued of the reasonable cost of producing the books, papers, documents, or tangible things. In the case of public records or documents, copies thereof, certified by the person having official custody thereof, may be produced in lieu of the originals.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.

§388 Subpena for Attendance at Deposition

Summary

Title 2, §388

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata