§ 703. — Attendance of witnesses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC703]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 13--SERVICE COURTS OF FRIENDLY FOREIGN FORCES
Sec. 703. Attendance of witnesses
(a) Subpoena; contempt; fees
Any district court of the United States, or the United States courts
of any Territory or possession, within the jurisdiction of which
proceedings are had before any service court of a friendly foreign
force, or within the jurisdiction of which any person is found, shall
have jurisdiction, upon application made by a service court of a
friendly foreign force, to issue to such person an order requiring him
to appear before the service court or an officer designated to take a
deposition for use before such service court and there to produce
evidence or give testimony if so ordered. Any failure to obey such order
of the court may be punished by said court as a contempt thereof:
Provided, That the fees of such witnesses and the mileage at the rate
allowed to witnesses attending the courts of the United States should be
duly paid or tendered in advance to such witnesses, with funds to be
supplied by the friendly foreign force. Except as expressly permitted by
the court, in its discretion, no such order shall run into any other
district.
(b) Members of armed forces
Attendance of witnesses in the armed services of the United States
shall be obtained by request addressed to the discretion of the
commanding officer of the person whose testimony is required.
(c) False testimony; punishment
Persons subject to the jurisdiction of the United States, who are
not members of a friendly foreign force, who shall give false testimony
or shall commit any act in the presence of a service court of a friendly
foreign force which, if committed before a court of the United States,
would be in contempt thereof, shall upon conviction by a court of the
United States be fined not more than $2,000 or imprisoned for not more
than six months, or both.
(June 30, 1944, ch. 326, Sec. 3, 58 Stat. 644; Proc. No. 2695, July 4,
1946, 11 F.R. 7517, 60 Stat. 1352.)
Codification
In subsec. (a), reference to ``or any court of first instance of the
Philippine Commonwealth'' omitted pursuant to Proc. No. 2695, which
granted independence to the Philippines under the authority of section
1394 of this title, under which section said Proc. No. 2695 is set out
as a note.
In subsec. (a), reference to ``the District Court of the United
States for the District of Columbia'' omitted because the District of
Columbia constitutes a judicial district, and the District Court of the
United States for the District of Columbia is included within the term
``district courts of the United States'' as used in such subsection. See
sections 88 and 132 of Title 28, Judiciary and Judicial Procedure.
