Page:United States Statutes at Large Volume 62 Part 1.djvu/979

 62 STAT.] 80TH CONG. , 2D SESS.-CH. 646-JUNE 25, 1948 CHAPTER 117-EVIDENCE; DEPOSITIONS Sec. 1781. Foreign witnesses. 1782. Testimony for use in foreign country. 1783. Subpoena of witness in foreign country. 1784. Contempt. 1785. Privilege against incrimination. § 1781. Foreign witnesses Whenever a court of the United States issues letters rogatory or a commission to take a deposition in a foreign country, the foreign court or officer executing the same may make return thereof to the nearest United States minister or consul, who shall endorse thereon the place and date of his receipt and any change in the condition of the deposi- tion, and transmit it to the clerk of the issuing court in the manner in which his official dispatches are transmitted to the United States Government. § 1782. Testimony for use in foreign country The deposition of any witness residing within the United States to be used in any civil action pending in any court in a foreign country with which the United States is at peace may be taken before a person authorized to administer oaths designated by the district court of any district where the witness resides or may be found. The practice and procedure in taking such depositions shall con- form generally to the practice and procedure for taking depositions to be used in courts of the United States. § 1783. Subpoena of witness in foreign country (a) A court of the United States may subpoena, for appearance before it, a citizen or resident of the United States who: (1) Has been personally notified in a foreign country to appear before a court thereof to testify pursuant to letters rogatory issued by such court of the United States, and who has failed to appear or has failed to answer any question which he would be required to answer were he being examined before such court of the United States; or (2) is beyond the jurisdiction of the United States and whose testimony in a criminal proceeding is desired by the Attorney General. (b) The subpoena shall designate the time and place for appearance before such court of the United States, and shall issue to any United States consul in such foreign country. The consul shall make per- sonal service of the subpoena and any order to show cause rule, judg- ment or decree on the request of the court of the United States or its marshal, and shall make return thereof to such court after tendering to the witness his necessary travel and attendance expenses, which shall be determined by such court and sent with the subpoena. § 1784. Contempt (a) A court of the United States which has issued a subpoena served personally in a foreign country may order the witness who has failed to appear as directed therein to show cause before it at a designated time why he should not be punished for contempt. (b) If security is given for any damage which the witness might suffer should the charge be dismissed, the court may direct, as a part of such order, that any property of the witness within the Urnted 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 the witness. The security required by this subsection shall not be required of the United States. 949

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