Title 46, ShippingRelease 119-110
§41303 Discovery and Subpoenas
Title 46 › Subtitle IV — Regulation of Ocean Shipping › Part A — Ocean Shipping › CHAPTER 413 — ENFORCEMENT › § 41303
Summary
The Federal Maritime Commission can subpoena witnesses and evidence and allow discovery (like depositions and written questions) under its rules, which should follow the Federal Rules of Civil Procedure when practical. Witnesses receive the same fees and mileage as in federal courts unless another law forbids it.
Full Legal Text
Title 46, §41303
Shipping, Source: USLM XML via OLRC
(a)In General.—
In an investigation or adjudicatory proceeding under this part—
(1)the Federal Maritime Commission may subpoena witnesses and evidence; and
(2)a party may use depositions, written interrogatories, and discovery procedures under regulations prescribed by the Commission that, to the extent practicable, shall conform to the Federal Rules of Civil Procedure (28 App. U.S.C.).
(b)Witness Fees.—
Unless otherwise prohibited by law, a witness is entitled to the same fees and mileage as in the courts of the United States.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large) 4130346 App.:1711.Pub. L. 98–237, § 12, Mar. 20, 1984, 98 Stat. 81. In subsection (a)(1), the words “may subpoena witnesses and evidence” are substituted for “may by subpena compel the attendance of witnesses and the production of books, papers, documents, and other evidence” to eliminate unnecessary words. In subsection (a)(2), the words “shall conform to the Federal Rules of Civil Procedure (28 App. U.S.C.)” are substituted for “shall be in conformity with the rules applicable in civil proceedings in the district courts of the United States” for clarity.
Reference
Citations & Metadata
Citation
46 U.S.C. § 41303
Title 46, Shipping
Last Updated
Sep 22, 2026
Release point: 119-110