§ 1783. — Subpoena of person in foreign country.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 28USC1783]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 117--EVIDENCE; DEPOSITIONS
Sec. 1783. Subpoena of person in foreign country
(a) A court of the United States may order the issuance of a
subpoena requiring the appearance as a witness before it, or before a
person or body designated by it, of a national or resident of the United
States who is in a foreign country, or requiring the production of a
specified document or other thing by him, if the court finds that
particular testimony or the production of the document or other thing by
him is necessary in the interest of justice, and, in other than a
criminal action or proceeding, if the court finds, in addition, that it
is not possible to obtain his testimony in admissible form without his
personal appearance or to obtain the production of the document or other
thing in any other manner.
(b) The subpoena shall designate the time and place for the
appearance or for the production of the document or other thing. Service
of the subpoena and any order to show cause, rule, judgment, or decree
authorized by this section or by section 1784 of this title shall be
effected in accordance with the provisions of the Federal Rules of Civil
Procedure relating to service of process on a person in a foreign
country. The person serving the subpoena shall tender to the person to
whom the subpoena is addressed his estimated necessary travel and
attendance expenses, the amount of which shall be determined by the
court and stated in the order directing the issuance of the subpoena.
(June 25, 1948, ch. 646, 62 Stat. 949; Pub. L. 88-619, Sec. 10(a), Oct.
3, 1964, 78 Stat. 997.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 711, 712, and 713 (July
3, 1926, ch. 762, Secs. 1-3, 44 Stat. 835).
Word ``resident'' was substituted for ``or domiciled therein.'' (See
reviser's note under section 1391 of this title.)
Words ``or any assistant or district attorney acting under him,''
after ``Attorney General'' in section 712 of title 28, U.S.C., 1940 ed.,
were omitted, since, in any event, the approval of the Attorney General
would be required. (See section 507 of this title.)
Changes were made in phraseology.
References in Text
The Federal Rules of Civil Procedure, referred to in subsec. (b),
are set out in the Appendix to this title.
Amendments
1964--Pub. L. 88-619 amended section generally, and among other
changes, authorized a United States court to issue a subpoena to require
the appearance of a witness before it or a person or body designated by
it, and the production of documents or other tangible evidence, when
necessary in the interest of justice, and in other than criminal actions
or proceedings, if the court finds, in addition, that its not possible
to obtain admissible evidence in any other manner, and provided that the
procedure relating to the subpoena shall be in accordance with the
Federal Rules of Civil Procedure, and struck out provisions which
authorized the issuance of a subpoena when a personally notified
individual failed to appear to testify pursuant to letter rogatory, or
failed to answer any question he would have to answer in any examination
before the court or if such person was beyond United States jurisdiction
and the testimony was desired by the Attorney General in a criminal
proceeding, provided that the subpoena issue to any United States
consul, that the consul make personal service of the subpoena and of any
order, rule, judgment or decree, that he make return of the subpoena and
tender expenses to the witness, and substituted ``person'' for
``witness'' in section catchline.
Section Referred to in Other Sections
This section is referred to in section 1784 of this title.
