Page:United States Statutes at Large Volume 78.djvu/1037

 78 STAT. ]

PUBLIC LAW 88-619-OCT. 3, 1964

995

Public Law 88-619 AN ACT

To improve judicial procedures for serving documents, obtaining evidence, and proving documents in litigation with international aspects.

October 3, 1964

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Be it enacted by the Senate and House of Representatives of the Courts. United States of America in Congress assemMed^ That section 1621 J u d i c i a l proceof title 18, United States Code, is amended to read: dureTimprov'e^rnt "§1621. Perjury generally Penauy. "Whoever, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare^, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true, is guilty of perjury, and shall, except as otherwise expressly provided by law, be fined not more than $2,000 or imprisoned not more than five years, or both. This section is applicable whether the state- Applicability. ment or subscription is made within or without the United States." SEC, 2, Section 3491 of title 18, United States Code, is amended to read: "§3491. Foreign dacuments "Any book, paper, statement, record, account, writing, or other document, or any portion thereof, of whatever character and in whatever form, as well as any copy thereof equally with the original, which is not in the United States shall, when duly certified as provided in section 3494 of this title, be admissible in evidence in any criminal action or proceeding in any court of the United States if the court shall find, from all the testimony taken with respect to such foreign document pursuant to a commission executed under section 3492 of this title, that such document (or the original thereof in case such document is a copy) satisfies the requirements of section 1732 of title 28, unless in the 75 Stat.^4i3^^' event that the genuineness of such document is denied, any party to such criminal action or proceeding making such denial shall establish to the satisfaction of the court that such document is not genuine. Nothing contained herein shall be deemed to require authentication under the provisions of section 3494 of this title of any such foreign documents which may otherwise be properly authenticated by law." SEC. 3. The Act of July 3, 1930,46 Stat. 1005, as amended by the Act ^^P^^^of June 7, 1933 (48 Stat. 117; 22 U.S.C., secs. 270 through 270g), is repealed. SEC. 4. (a) Chapter 113 of title 28, United States Code, is amended,^^^^^^ i^^^' 1695. by inserting therein, after section 1696: "§ 1696. Service in foreign and international litigation " (a) The district court of the district in which a person resides or is found may order service upon him of any document issued in connection with a proceeding in a foreign or international tribunal. The order may be made pursuant to a letter rogatory issued, or request made, by a foreign or international tribunal or upon application of any interested person and shall direct the manner of service. Service pursuant to this subsection does not, of itself, require the recognition or enforcement in the United States of a judgment, decree, or order rendered by a foreign or international tribunal. " (b) This section does not preclude service of such a document without an order of court."

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