PRIA, Government Policy, Made Personal

Summary

If a witness in a United States court or grand jury won’t obey a court order to testify or to hand over papers or other materials, the court can order the witness jailed until they agree to cooperate. The jail time cannot last longer than the court case or the grand jury term (including any extensions), and in no case can it be more than 18 months. If the jailed person appeals, they may not get bail if the appeal is clearly pointless or meant to delay. The appeal must be decided as soon as possible and no later than 30 days after it is filed. Anyone who escapes, tries to escape, helps someone escape, or tries to rescue such a person from custody under this law or under 18 U.S.C. 4243 can be punished by up to 3 years in prison, a fine 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,

before which such refusal to comply with the court order occurred, but in no event shall such confinement exceed eighteen months.

(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

Citations & Metadata