§ 1782. — Assistance to foreign and international tribunals and to litigants before such tribunals.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1782]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 117--EVIDENCE; DEPOSITIONS
Sec. 1782. Assistance to foreign and international tribunals and
to litigants before such tribunals
(a) The district court of the district in which a person resides or
is found may order him to give his testimony or statement or to produce
a document or other thing for use in a proceeding in a foreign or
international tribunal, including criminal investigations conducted
before formal accusation. The order may be made pursuant to a letter
rogatory issued, or request made, by a foreign or international tribunal
or upon the application of any interested person and may direct that the
testimony or statement be given, or the document or other thing be
produced, before a person appointed by the court. By virtue of his
appointment, the person appointed has power to administer any necessary
oath and take the testimony or statement. The order may prescribe the
practice and procedure, which may be in whole or part the practice and
procedure of the foreign country or the international tribunal, for
taking the testimony or statement or producing the document or other
thing. To the extent that the order does not prescribe otherwise, the
testimony or statement shall be taken, and the document or other thing
produced, in accordance with the Federal Rules of Civil Procedure.
A person may not be compelled to give his testimony or statement or
to produce a document or other thing in violation of any legally
applicable privilege.
(b) This chapter does not preclude a person within the United States
from voluntarily giving his testimony or statement, or producing a
document or other thing, for use in a proceeding in a foreign or
international tribunal before any person and in any manner acceptable to
him.
(June 25, 1948, ch. 646, 62 Stat. 949; May 24, 1949, ch. 139, Sec. 93,
63 Stat. 103; Pub. L. 88-619, Sec. 9(a), Oct. 3, 1964, 78 Stat. 997;
Pub. L. 104-106, div. A, title XIII, Sec. 1342(b), Feb. 10, 1996, 110
Stat. 486.)
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., Secs. 649-653, 701, 703, 704
(R.S. Secs. 871-875, 4071, 4073, 4074; Feb. 27, 1877, ch. 69, Sec. 1, 19
Stat. 241; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167; June 25,
1936, ch. 804, 49 Stat. 1921).
Sections 649-652 of title 28, U.S.C., 1940 ed., applied only to the
District of Columbia and contained detailed provisions for issuing
subpoenas, payment of witness fees and procedure for ordering and taking
depositions. These matters are all covered by Federal Rules of Civil
Procedure, Rules 26-32.
Provisions in sections 649-652 of title 28, U.S.C., 1940 ed.,
relating to the taking of testimony in the District of Columbia for use
in State and Territorial courts were omitted as covered by section 14-
204 of the District of Columbia Code, 1940 ed., and Rules 26 et seq.,
and 46 of the Federal Rules of Civil Procedure.
Only the last sentence of section 653 of title 28, U.S.C., 1940 ed.,
is included in this revised section. The remaining provisions relating
to depositions of witnesses in foreign countries form the basis of
section 1781 of this title.
Sections 701, 703, and 704 of title 28, U.S.C., 1940 ed., were
limited to ``suits for the recovery of money or property depending in
any court in any foreign country with which the United States are at
peace, and in which the government of such foreign country shall be a
party or shall have an interest.''
The revised section omits this limitation in view of the general
application of the last sentence of section 653 of title 28, U.S.C.,
1940 ed., consolidated herein. The improvement of communications and the
expected growth of foreign commerce will inevitably increase litigation
involving witnesses separated by wide distances.
Therefore the revised section is made simple and clear to provide a
flexible procedure for the taking of depositions. The ample safeguards
of the Federal Rules of Civil Procedure, Rules 26-32, will prevent
misuse of this section.
The provisions of section 703 of title 28, U.S.C., 1940 ed., for
punishment of disobedience to subpoena or refusal to answer is covered
by Rule 37(b)(1) of Federal Rules or Civil Procedure.
The provisions of section 704 of title 28, U.S.C., 1940 ed., with
respect to fees and mileage of witnesses are covered by Rule 45(c) of
Federal Rules of Civil Procedure.
Changes were made in phraseology.
1949 Act
This amendment corrects restrictive language in section 1782 of
title 28, U.S.C., in conformity with original law and permits
depositions in any judicial proceeding without regard to whether the
deponent is ``residing'' in the district or only sojourning there.
References in Text
The Federal Rules of Civil Procedure, referred to in subsec. (a),
are set out in the Appendix to this title.
Amendments
1996--Subsec. (a). Pub. L. 104-106 inserted ``, including criminal
investigations conducted before formal accusation'' after ``proceeding
in a foreign or international tribunal'' in first sentence.
1964--Pub. L. 88-619 substituted provisions which empowered district
courts to order residents to give testimony or to produce documents for
use in a foreign or international tribunal, pursuant to a letter
rogatory, or request, of a foreign or international tribunal or upon
application of any interested person, and to direct that the evidence be
presented before a person appointed by the court, provided that such
person may administer oaths and take testimony, that the evidence be
taken in accordance with the Federal Rules of Civil Procedure unless the
order prescribes using the procedure of the foreign or international
tribunal, that a person may not be compelled to give legally privileged
evidence, and that this chapter doesn't preclude a person from
voluntarily giving evidence for use in a foreign or international
tribunal, for provisions permitting depositions of witnesses within the
United States for use in any court in a foreign country with which the
United States was at peace to be taken before a person authorized to
administer oaths designated by the district court of the district where
the witness resides or is found, and directing that the procedure used
be that generally used in courts of the United States, in text, and
``Assistance to foreign and international tribunals and to litigants
before such tribunals'' for ``Testimony for use in foreign countries''
in section catchline.
1949--Act May 24, 1949, struck out ``residing'' after ``witness'',
and substituted ``judicial proceeding'' for ``civil action'' after ``to
be used in any''.
Section Referred to in Other Sections
This section is referred to in title 22 section 7423.
