7 U.S.C. § 2354: Subpoenas; witnesses

Summary

A court clerk must issue a subpoena when a party asks, if the witness lives in the district where the testimony will be taken or within one hundred miles of the stated place. The subpoena orders the witness to appear and give sworn testimony or written sworn statements before an official in that district, at the time and place shown. The federal court rules about witnesses and producing documents apply to these Plant Variety Protection Office contested cases when they do not conflict with the Secretary’s rules. Subpoenaed witnesses must get the same fees and travel pay as witnesses in U.S. district courts. A judge of the court that issued the subpoena can enforce it or punish a witness who was served and then refuses to come or to testify. A witness cannot be held in contempt for not obeying the subpoena unless the fees and travel for one day’s attendance are paid or offered when the subpoena is served. A witness may also refuse to give up a secret unless the issuing court or the Secretary orders disclosure.

Title 7, §2354

Agriculture, Source: USLM XML via OLRC

(a)The clerk of any United States court for the district wherein testimony is to be taken in accordance with regulations established by the Secretary for use in any contested case in the Plant Variety Protection Office shall, upon the application of any party thereof, issue a subpoena for any witness residing or being within such district or within one hundred miles of the stated place in such district, commanding the witness to appear and testify before an officer in such district authorized to take depositions and affidavits, at the time and place stated in the subpoena. The provisions of the Federal Rules of Civil Procedure relating to the attendance of witnesses and the production of documents and things shall apply to contested cases in the Plant Variety Protection Office insofar as consistent with such regulations.

(b)Every witness subpoenaed or testifying shall be allowed the fees and traveling expenses allowed to witnesses attending the United States district courts.

(c)A judge of a court whose clerk issued a subpoena may enforce obedience to the process or punish disobedience as in other like cases, on proof that a witness, served with such subpoena, neglected or refused to appear or to testify. No witness shall be deemed guilty of contempt for disobeying such subpoena unless the fees and traveling expenses of the witness in going to, and returning from, one day’s attendance at the place of examination, are paid or tendered the witness at the time of the service of the subpoena; nor for refusing to disclose any secret matter except upon appropriate order of the court which issued the subpoena or of the Secretary.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Subsec. (a). Pub. L. 103–349, § 13(d)(1), substituted “the witness” for “him” in first sentence. Subsec. (c). Pub. L. 103–349, § 13(d)(2)(B), substituted “the witness” for “him” after “paid or tendered” in second sentence. Pub. L. 103–349, § 13(d)(2)(A), which directed that second sentence be amended by substituting “the fees and traveling expenses of the witness” for “this fees and traveling expenses”, was executed by making the substitution for “his fees and traveling expenses”, to reflect the probable intent of Congress.

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 AmendmentAmendment by Pub. L. 103–349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title.

§2354 Subpoenas; Witnesses