Page:United States Statutes at Large Volume 78.djvu/1039

 78 STAT. ]

PUBLIC LAW 88-619-OCT. 3, 1964

agency in the United States to whom it is addressed and its return in the same manner; or "(2) the transmittal of a letter rogatory or request directly from a tribunal in the United States to the foreign or international tribunal, officer, or agency to whom it is addressed and its return in the same manner." (b) The analysis of chapter 117 of title 28, United States Code, is amended by striking:

997

28 USC 17811785.

"1781. Foreign witnesses."

and inserting in place thereof: "1781. Transmittal of letter rogatory or request."

SEC. 9. (a) Section 1782 of title 28, United States Code, is amended to read: "§ 1782. Assistance to foreign and international tribunals and to litigants before such tribunals " (a) The district court of the district in which a person resides or is found may order him to give his testimony or statement or to produce a document or other thing for use in 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 the application of any interested person and may direct that the testimony or statement be given, or the document or other thing be produced, before a person appointed by the court. By virtue of his appointment, the person appointed has power to administer any necessary oath and take the testimony or statement. The order may prescribe the practice and procedure, which may be in whole or part the practice and procedure of the foreign country or the international tribunal, for taking the testimony or statement or producing the document or other thing. To the extent that the order does not prescribe otherwise, the testimony or statement sJiall be taken, and the document or other thing produced, in accordance with the Federal Rules of Civil Procedure. "A person may not be compelled to ^ive his testimony or statement or to produce a document or other thing in violation of any legally applicable privilege. " (b) This chapter does not preclude a person within the United States from voluntarily giving his testimony or statement, or producing a document or other thing, f^r use in a proceeding in a foreign or international tribunal before any person and in any manner acceptable to him." (b) The analysis of chapter 117 of title 28, United States Code, is amended by striking: "1782. Testimony for use in foreign countries."

and inserting in place thereof: "1782. Assistance to foreign and international tribunals and to litigants bfefore such tribunals."

SEC. 10. (a) Section 1783 of title 28, United States Code, is amended to read: "§ 1783. Subpoena of person in foreign country " (a) A court of the United States may order the issuance of a subpoena requiring the appearance as a witness before it, or before a person or body designated by it, of a national or resident of the United States who is in a foreign country, or requiring the production of a specified document or other thing by him, if the court finds that particular testimony,or the production of the document or other thing by him is necessary in the interest of justice, and, in other than a

62 Stat. 949.

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