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28 U.S.C. § 1826 — Recalcitrant witnesses
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever a witness in any proceeding before or ancillary to any court or grand jury of the United States refuses without just cause shown to comply with an order of the court to testify or provide other information, including any book, paper, document, record, recording or other material, the court, upon such refusal, or when such refusal is duly brought to its attention, may summarily order his confinement at a suitable place until such time as the witness is willing to give such testimony or provide such information. No period of such confinement shall exceed the life of—
(1) the court proceeding, or
(2) the term of the grand jury, including extensions,
before which such refusal to comply with the court order occurred, but in no event shall such confinement exceed eighteen months.
**(b)** No person confined pursuant to subsection (a) of this section shall be admitted to bail pending the determination of an appeal taken by him from the order for his confinement if it appears that the appeal is frivolous or taken for delay. Any appeal from an order of confinement under this section shall be disposed of as soon as practicable, but not later than thirty days from the filing of such appeal.
**(c)** Whoever escapes or attempts to escape from the custody of any facility or from any place in which or to which he is confined pursuant to this section or [section 4243 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section4243&num=0&edition=prelim), or whoever rescues or attempts to rescue or instigates, aids, or assists the escape or attempt to escape of such a person, shall be subject to imprisonment for not more than three years, or a fine of not more than $10,000, or both.
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Stable record: federal_law:legal_authorities:record_usc_a8251e701e9c93e03c798406
Source file: Laws/federal/codes/united-states-code/title-28/section-1826-recalcitrant-witnesses--e259ca0334.md
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Source location: Title 28, Chapter 119, § 1826; chapter-119-evidence-witnesses.md
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**(a)** Whenever a witness in any proceeding before or ancillary to any court or grand jury of the United States refuses without just cause shown to comply with an order of the court to testify or provide other information, including any book, paper, document, record, recording or other material, the court, upon such refusal, or when such refusal is duly brought to its attention, may summarily order his confinement at a suitable place until such time as the witness is willing to give such testimony or provide such information. No period of such confinement shall exceed the life of—
(1) the court proceeding, or
(2) the term of the grand jury, including extensions,
before which such refusal to comply with the court order occurred, but in no event shall such confinement exceed eighteen months.
**(b)** No person confined pursuant to subsection (a) of this section shall be admitted to bail pending the determination of an appeal taken by him from the order for his confinement if it appears that the appeal is frivolous or taken for delay. Any appeal from an order of confinement under this section shall be disposed of as soon as practicable, but not later than thirty days from the filing of such appeal.
**(c)** Whoever escapes or attempts to escape from the custody of any facility or from any place in which or to which he is confined pursuant to this section or [section 4243 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section4243&num=0&edition=prelim), or whoever rescues or attempts to rescue or instigates, aids, or assists the escape or attempt to escape of such a person, shall be subject to imprisonment for not more than three years, or a fine of not more than $10,000, or both.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Determination of Present Mental Condition of Acquitted Person.—** If a person is found not guilty only by reason of insanity at the time of the offense charged, he shall be committed to a suitable facility until such time as he is eligible for release pursuant to subsection (e).
**(b) Psychiatric or Psychological Examination and Report.—** Prior to the date of the hearing, pursuant to subsection (c), the court shall order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court, pursuant to the provisions of section 4247(b) and (c).
**(c) Hearing.—** A hearing shall be conducted pursuant to the provisions of section 4247(d) and shall take place not later than forty days following the special verdict.
**(d) Burden of Proof.—** In a hearing pursuant to subsection (c) of this section, a person found not guilty only by reason of insanity of an offense involving bodily injury to, or serious damage to the property of, another person, or involving a substantial risk of such injury or damage, has the burden of proving by clear and convincing evidence that his release would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental disease or defect. With respect to any other offense, the person has the burden of such proof by a preponderance of the evidence.
**(e) Determination and Disposition.—** If, after the hearing, the court fails to find by the standard specified in subsection (d) of this section that the person’s release would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental disease or defect, the court shall commit the
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 4243
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter—
(1) “racketeering activity” means (A) any act or threat involving murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act), which is chargeable under State law and punishable by imprisonment for more than one year; (B) any act which is indictable under any of the following provisions of title 18, United States Code: Section 201 (relating to bribery), section 224 (relating to sports bribery), sections 471, 472, and 473 (relating to counterfeiting), section 659 (relating to theft from interstate shipment) if the act indictable under section 659 is felonious, section 664 (relating to embezzlement from pension and welfare funds), sections 891–894 (relating to extortionate credit transactions), section 932 (relating to straw purchasing), section 933 (relating to trafficking in firearms), section 1028 (relating to fraud and related activity in connection with identification documents), section 1029 (relating to fraud and related activity in connection with access devices), section 1084 (relating to the transmission of gambling information), section 1341 (relating to mail fraud), section 1343 (relating to wire fraud), section 1344 (relating to financial institution fraud), section 1351 (relating to fraud in foreign labor contracting), section 1425 (relating to the procurement of citizenship or nationalization unlawfully), section 1426 (relating to the reproduction of naturalization or citizenship papers), section 1427 (relating to the sale of naturalization or citizenship papers), sections 1461–1465 (relating to obscene matter), section 1503 (relating to obstruction of justice), section 1510 (relating
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 1961
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding any other provision of law, each court of the United States shall determine the order in which civil actions are heard and determined, except that the court shall expedite the consideration of any action brought under chapter 153 or [section 1826 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1826&num=0&edition=prelim), any action for temporary or preliminary injunctive relief, or any other action if good cause therefor is shown. For purposes of this subsection, “good cause” is shown if a right under the Constitution of the United States or a Federal Statute (including rights under [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim)) would be maintained in a factual context that indicates that a request for expedited consideration has merit.
**(b)** The Judicial Conference of the United States may modify the rules adopted by the courts to determine the order in which civil actions are heard and determined, in order to establish consistency among the judicial circuits.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1657
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Federal law — U.S. Code and appendices · legal_authorities
Page 462
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 1826
issued on behalf of a defendant represented by a
Federal public defender, assistant Federal public
defender, or other attorney appointed pursuant
to section 3006A of title 18, or upon service of a
subpoena issued on behalf of a party authorized
to proceed in forma pauperis, if the payment of
such fees and mileage is to be made by the At-
torney General under this section.
(June 25, 1948, ch. 646, 62 Stat. 951; Pub. L. 89–162,
Sept. 2, 1965, 79 Stat. 618; Pub. L. 99–651, title I,
§ 104, Nov. 14, 1986, 100 Stat. 3645; Pub. L. 101–650,
title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L.
116–260, div. B, title II, § 220, Dec. 27, 2020, 134
Stat. 1266.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., §§ 600c, 608 (R.S.
§§ 236, 823, 848, 855; June 10, 1921, ch. 18, § 305, 42 Stat. 24;
Apr. 26, 1926, ch. 183, § 3, 44 Stat. 324; May 17, 1932, ch.
190, 47 Stat. 158; June 25, 1936, ch. 804, 49 Stat. 1921; Oct.
13, 1941, ch. 431, § 2, 55 Stat. 736; Dec. 24, 1942, ch. 825, § 1,
56 Stat. 1088).
Section consolidates parts of sections 600c and 608 of
title 28, U.S.C., 1940 ed., relating to payment of wit-
nesses. Other provisions of such sections are incor-
porated in sections 1821 and 1871 of this title.
Provisions in sections 600c and 608 of title 28, U.S.C.,
1940 ed., for payment or certification on order of court
were omitted as unnecessary and inappropriate on rec-
ommendation of the Judicial Conference Committee on
Revision of the Judicial Code.
Words in section 608 of title 28, U.S.C., 1940 ed., ‘‘to
which they appear to be entitled on the certificate of
attendance’’ following the words ‘‘all fees’’ and the con-
cluding phrase ‘‘which sum shall be allowed the mar-
shal i
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 1826
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