28 U.S.C. § 2521: Subpoenas and incidental…

Summary

The Court of Federal Claims can order people to come to court or to bring records, papers, or other items. Those orders can be used to find facts before trial or to use the items as evidence. The court must issue, serve, and enforce those orders following its own rules. The court can fine or jail people for contempt for three reasons: bad behavior in or near the courtroom that blocks justice, misconduct by court officers in their duties, or refusing to obey a lawful court order. The court may get the same help other federal courts have to enforce its orders, and the U.S. marshal in any district must attend its sessions when asked by the court’s chief judge.

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