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28 U.S.C. § 1783 — Subpoena of person in foreign country

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1784&num=0&edition=prelim) 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.

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Stable record: federal_law:legal_authorities:record_usc_5770399d301ff54100d924eb
Source file: Laws/federal/codes/united-states-code/title-28/section-1783-subpoena-of-person-in-foreign-country--e81fa10c99.md
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Source location: Title 28, Chapter 117, § 1783; chapter-117-evidence-depositions.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1784&num=0&edition=prelim) 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.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1783/b&num=0&edition=prelim). **(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.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 712 — Law clerks and secretaries

Circuit judges may appoint necessary law clerks and secretaries. A law clerk appointed under this section shall be exempt from the provisions of subchapter I of chapter 63 of title 5, unless specifically included by the appointing judge or by local rule of court.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 507 — Assistant Attorney General for Administration

**(a)** The Attorney General shall appoint, with the approval of the President, an Assistant Attorney General for Administration, who shall perform such duties as the Attorney General may prescribe. **(b)** The position of Assistant Attorney General for Administration is in the competitive service. **(c)** Notwithstanding the provisions of [section 901 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section901&num=0&edition=prelim), United States Code, the Assistant Attorney General for Administration shall be the Chief Financial Officer of the Department of Justice.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1391 — Venue generally

**(a) Applicability of Section.—** Except as otherwise provided by law— (1) this section shall govern the venue of all civil actions brought in district courts of the United States; and (2) the proper venue for a civil action shall be determined without regard to whether the action is local or transitory in nature. **(b) Venue in General.—** A civil action may be brought in— (1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or (3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court’s personal jurisdiction with respect to such action. **(c) Residency.—** For all venue purposes— (1) a natural person, including an alien lawfully admitted for permanent residence in the United States, shall be deemed to reside in the judicial district in which that person is domiciled; (2) an entity with the capacity to sue and be sued in its common name under applicable law, whether or not incorporated, shall be deemed to reside, if a defendant, in any judicial district in which such defendant is subject to the court’s personal jurisdiction with respect to the civil action in question and, if a plaintiff, only in the judicial district in which it maintains its principal place of business; and (3) a defendant not resident in the United States may be sued in any judicial district, and the joinder of such a defendant shall be disregarded in determining where the action may be brought with respect

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1783 — Subpoena of person in foreign country

Page 458 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1783 son from voluntarily giving evidence for use in a for- eign or international tribunal, for provisions permit- ting 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 dis- trict 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’’. § 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 re- quiring 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 per- sonal appearance or to obtain the production of the document or other thing in any other man- ner. (b) The subpoena shall designate the time and place for the appearance or for the production of the document or other t

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