§2521 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

Courts can order people to come to court or to turn over books, papers, or other items for finding facts or using as evidence. Those orders are issued, served, and enforced under the court’s rules. The United States Court of Federal Claims can fine or jail people for contempt in three cases: (1) bad conduct in or near court that stops justice; (2) misbehavior by its officers while doing their jobs; (3) refusing or resisting lawful court orders. The court can get enforcement help like other federal courts, and the United States marshal must attend sessions when the chief judge asks.

Title 28, §2521

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)Subpoenas requiring the attendance of parties or witnesses and subpoenas requiring the production of books, papers, documents or tangible things by any party or witness having custody or control thereof, may be issued for purposes of discovery or for use of the things produced as evidence in accordance with the rules and orders of the court. Such subpoenas shall be issued and served and compliance therewith shall be compelled as provided in the rules and orders of the court.

(b)The United States Court of Federal Claims shall have power to punish by fine or imprisonment, at its discretion, such contempt of its authority as—

(1)misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice;

(2)misbehavior of any of its officers in their official transactions; or

(3)disobedience or resistance to its lawful writ, process, order, rule, decree, or command.

(c)The United States Court of Federal Claims shall have such assistance in the carrying out of its lawful writ, process, order, rule, decree, or command as is available to a court of the United States. The United States marshal for any district in which the Court of Federal Claims is sitting shall, when requested by the chief judge of the Court of Federal Claims, attend any session of the Court of Federal Claims in such district.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1992—Pub. L. 102–572 inserted “and incidental powers” in section catchline, designated existing provisions as subsec. (a), and added subsecs. (b) and (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 1992 AmendmentAmendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.

§2521 Subpoenas and Incidental Powers