28 U.S.C. § 1785 — Subpoenas in multiparty, multiforum ac-

Page 459 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1821 Editorial Notes 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 provi- sions 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 re- quest 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 pub- lication only to be opened for answer within one year. § 1785. Subpoenas in multiparty, multiforum ac- tions When the jurisdiction of the district court is based in whole or in part upon section 1369 of this title, a subpoena for attendance at a hear- ing or trial may, if authorized by the court upon motion for good cause shown, and upon such terms and conditions as the court may impose, be served at any place within the United States, or anywhere outside the United States if other- wise permitted by law. (Added Pub. L. 107–273, div. C, title I, § 11020(b)(4)(B)(i), Nov. 2, 2002, 116 Stat. 1828.) Editorial Notes PRIOR PROVISIONS A prior section 1785, act June 25, 1948, ch. 646, 62 Stat. 950, provided a privilege against self-incrimination on examination under letters rogatory, prior to repeal by Pub. L. 88–619, § 12(a), Oct. 3, 1964, 78 Stat. 998. See sec- tion 1782(a) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to a civil action if the accident giving rise to the cause of action occurred on or after the 90th day after Nov. 2, 2002, see section 11020(c) of Pub. L. 107–273, set out as a note under section 1369 of this title. CHAPTER 119—EVIDENCE; WITNESSES Sec. 1821. Per diem and mileage generally; subsistence. 1822. Competency of interested persons; share of penalties payable. [1823. Repealed.] 1824. Mileage fees under summons as both witness and juror. 1825. Payment of fees. 1826. Recalcitrant witnesses. 1827. Interpreters in courts of the United States. 1828. Special interpretation services. Editorial Notes AMENDMENTS 1978—Pub. L. 95–539, § 2(b), Oct. 28, 1978, 92 Stat. 2042, added items 1827 and 1828. 1970—Pub. L. 91–563, § 5(b), Dec. 19, 1970, 84 Stat. 1478, struck out item 1823 ‘‘United States officers and em- ployees’’. Pub. L. 91–452, title III, § 301(b), Oct. 15, 1970, 84 Stat. 932, added item 1826. § 1821. Per diem and mileage generally; subsist- ence (a)(1) Except as otherwise provided by law, a witness in attendance at any court of the United States, or before a United States Magistrate Judge, or before any person authorized to take his deposition pursuant to any rule or order of a court of the United States, shall be paid the fees and allowances provided by this section. (2) As used in this section, the term ‘‘court of the United States’’ includes, in addition to the courts listed in section 451 of this title, any court created by Act of Congress in a territory which is invested with any jurisdiction of a dis- trict court of the United States. (b) A witness shall be paid an attendance fee of $40 per day for each day’s attendance. A witness shall also be paid the attendance fee for the time necessarily occupied in going to and re- turning from the place of attendance at the be- ginning and end of such attendance or at any time during such attendance. (c)(1) A witness who travels by common car- rier shall be paid for the actual expenses of trav- el on the basis of the means of transportation reasonably utilized and the distance necessarily traveled to and from such witness’s residence by the shortest practical route in going to and re- turning from the place of attendance. Such a witness shall utilize a common carrier at the most economical rate reasonably available. A receipt or other evidence of actual cost shall be furnished. (2) A travel allowance equal to the mileage al- lowance which the Administrator of General Services has prescribed, pursuant to section 5704 of title 5, for official travel of employees of the Federal Government shall be paid to each wit- ness who travels by privately owned vehicle. Computation of mileage under this paragraph shall be made on the basis of a uniformed table of distances adopted by the Administrator of General Services. (3) Toll charges for toll roads, bridges, tunnels, and ferries, taxicab fares between places of lodg- ing and carrier terminals, and parking fees (upon presentation of a valid parking receipt), shall be paid in full to a witness incurring such expenses. (4) All normal travel expenses within and out- side the judicial district shall be taxable as costs pursuant to section 1920 of this title. (d)(1) A subsistence allowance shall be paid to a witness when an overnight stay is required at the place of attendance because such place is so far removed from the residence of such witness as to prohibit return thereto from day to day. (2) A subsistence allowance for a witness shall be paid in an amount not to exceed the max- imum per diem allowance prescribed by the Ad- ministrator of General Services, pursuant to section 5702(a) of title 5, for official travel in the area of attendance by employees of the Federal Government. (3) A subsistence allowance for a witness at- tending in an area designated by the Adminis- trator of General Services as a high-cost area shall be paid in an amount not to exceed the maximum actual subsistence allowance pre- scribed by the Administrator, pursuant to sec-