Page:United States Statutes at Large Volume 77.djvu/110

 78

Witnesses, attendance.

28 USC app.

3^ Stat. 1367. Witness f e e s.

District of Columbia Court of Appeals. Designation.

Effective date.

PUBLIC LAW 88-60-JULY 8, 1963

[77 STAT.

" (a) If, in any action, other than an action for equitable relief, pending on the eflfective date of this amendatory subsection or thereafter commenced in the United States District Court for the District of Columbia, it shall appear to the satisfaction of the court at or subsec[uent to any pretrial hearing but prior to trial thereof that the action will not justify a judgment in excess of $10,000, the court may certify such action to the District of Columbia Court of General Sessions for trial. The pleadings in such action, together with a copy of the docket entries and of any orders theretofore entered therein, shall be sent to the clerk of the said Court of General Sessions, together with any deposit for costs, and the case shall be called for trial in that court promptly thereafter; and shall thereafter be treated as though it had been filed originally in the said Court of General Sessions, except .that the jurisdiction of that court shall extend to the amount claimed in such action, even though it exceed the sum of $10,000." SEC. 4. Subsection (c) of section.5 of such Act approved April 1, 1942, as amended (D.C. Code, sec. 11-7.56 (c)), is amended to read as follows: "(c) The District of Columbia Court of General Sessions shall have the power to compel the attendance of witnesses by attachment and any judge thereof shall have the power in any case or proceeding whether civil or criminal to punish for disobedience of any order, or contempt committed in the presence of the court by a fine not exceeding §50 or imprisonment not exceeding thirty days. At the request of any party subpenas for attendance at a hearing or trial in the District of Columbia Court of General Sessions shall be issued by the clerk of the said court. A subpena may be served at any place within the District of Columbia, or at any place without the District of Columbia that is within twenty-five miles of the place of the hearing or trial specified in the subpena. The form, issuance and manner of service of a subpena shall be as otherwise prescribed by Rule 45 of the Federal Rules of Civil Procedure." SEC. 5. (a) Section 1114 of the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901 (31 Stat. 1189; D.C. Code, sec. 11-1520), is hereby repealed. (b) The paragraph relating to witness fees under the heading "District of Columbia" in the Act entitled "An Act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and two, and for prior years, and for other purposes", approved July 1, 1902 (32 Stat. 552, 561; D.C. Code, sec. ll-1520a), is amended by striking "cases in the police court of the District of Columbia" and inserting in lieu thereof "criminal cases in the District of Columbia Court of General Sessions". (c) The fees and travel allowances to be paid any witness compelled by subpena to attend any branch of the District of Columbia Court of General Sessions other than the criminal branch shall be the same amount as paid a witness compelled to attend before the United States District Court for the District of Columbia. SEC. 6. The court established by section 6 of the Act of April 1, 1942 (56 Stat. 190; D.C. Code, sec. 11-771), hereafter shall be known as the "District of Columbia Court of Appeals". Wherever reference is made in any Act of Congre^ (other than this Act) or in any regulation to the Municipal Court of Appeals for the District of Coilumbia, such reference shall be held to be a reference to the District of Columbia Court of Appeals. SEC. 7. This Act shall take effect as of January 1, 1963. Approved July 8, 1963.

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