§ 1784. — Contempt.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 28USC1784]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 117--EVIDENCE; DEPOSITIONS
Sec. 1784. Contempt
(a) The court of the United States which has issued a subpoena
served in a foreign country may order the person who has failed to
appear or who has failed to produce a document or other thing as
directed therein to show cause before it at a designated time why he
should not be punished for contempt.
(b) The court, in the order to show cause, may direct that any of
the person's property within the United States be levied upon or seized,
in the manner provided by law or court rules governing levy or seizure
under execution, and held to satisfy any judgment that may be rendered
against him pursuant to subsection (d) of this section if adequate
security, in such amount as the court may direct in the order, be given
for any damage that he might suffer should he not be found in contempt.
Security under this subsection may not be required of the United States.
(c) A copy of the order to show cause shall be served on the person
in accordance with section 1783(b) of this title.
(d) On the return day of the order to show cause or any later day to
which the hearing may be continued, proof shall be taken. If the person
is found in contempt, the court, notwithstanding any limitation upon its
power generally to punish for contempt, may fine him not more than
$100,000 and direct that the fine and costs of the proceedings be
satisfied by a sale of the property levied upon or seized, conducted
upon the notice required and in the manner provided for sales upon
execution.
(June 25, 1948, ch. 646, 62 Stat. 949; Pub. L. 88-619, Sec. 11, Oct. 3,
1964, 78 Stat. 998.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 714, 715, 716, 717, and
718 (July 3, 1926, ch. 762, Secs. 4-8, 44 Stat. 836).
Sections 714-718 of title 28, U.S.C., 1940 ed., were consolidated,
since all relate to contempt by a witness served personally in a foreign
country.
The last sentence omits specific reference to section 118 of title
28, U.S.C., 1940 ed., now incorporated in section 1655 of this title,
which provides for the method of opening judgments rendered on
publication of process. (See also Rule 60(b) of the Federal Rules of
Civil Procedure.)
Changes were made in phraseology.
Amendments
1964--Pub. L. 88-619 amended section generally, and among other
changes, authorized the court to order a person to show cause for
failing to produce a document or other thing in subsec. (a), provided
that a copy of the order to show cause shall be served in accordance
with section 1783(b) of this title, and struck out provisions requiring
the marshal making levy or seizure to forward to any United States
consul in the country where the witness may be, a copy of the order and
a request for its personal service, and to cause publication of the
order in the district where the issuing court sits, in subsec. (c), and
struck out provisions in subsec. (d) permitting any judgment rendered
upon service by publication only to be opened for answer within one
year.
Section Referred to in Other Sections
This section is referred to in section 1783 of this title.
