28 U.S.C. § 1783

Subpoena of person in foreign country

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(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 criminal action or proceeding, if the court finds, in addition, that it is not possible to obtain his testimony in admissible form without his personal appearance or to obtain the production of the document or other thing in any other manner.(b) The subpoena shall designate the time and place for the appearance or for the production of the document or other thing. Service of the subpoena and any order to show cause, rule, judgment, or decree authorized by this section or by section 1784 of this title shall be effected in accordance with the provisions of the Federal Rules of Civil Procedure relating to service of process on a person in a foreign country. The person serving the subpoena shall tender to the person to whom the subpoena is addressed his estimated necessary travel and attendance expenses, the amount of which shall be determined by the court and stated in the order directing the issuance of the subpoena.(June 25, 1948, ch. 646, 62 Stat. 949; Pub. L. 88–619, § 10(a), Oct. 3, 1964, 78 Stat. 997.)Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §§ 711, 712, and 713 (July 3, 1926, ch. 762, §§ 1–3, 44 Stat. 835).

Word “resident” was substituted for “or domiciled therein.” (See reviser’s note under section 1391 of this title.)

Words “or any assistant or district attorney acting under him,” after “Attorney General” in section 712 of title 28, U.S.C., 1940 ed., were omitted, since, in any event, the approval of the Attorney General would be required. (See section 507 of this title.)

Changes were made in phraseology.

Editorial NotesReferences in Text

The Federal Rules of Civil Procedure, referred to in subsec. (b), are set out in the Appendix to this title.

Amendments

1964—Pub. L. 88–619 amended section generally, and among other changes, authorized a United States court to issue a subpoena to require the appearance of a witness before it or a person or body designated by it, and the production of documents or other tangible evidence, when necessary in the interest of justice, and in other than criminal actions or proceedings, if the court finds, in addition, that its not possible to obtain admissible evidence in any other manner, and provided that the procedure relating to the subpoena shall be in accordance with the Federal Rules of Civil Procedure, and struck out provisions which authorized the issuance of a subpoena when a personally notified individual failed to appear to testify pursuant to letter rogatory, or failed to answer any question he would have to answer in any examination before the court or if such person was beyond United States jurisdiction and the testimony was desired by the Attorney General in a criminal proceeding, provided that the subpoena issue to any United States consul, that the consul make personal service of the subpoena and of any order, rule, judgment or decree, that he make return of the subpoena and tender expenses to the witness, and substituted “person” for “witness” in section catchline.

Notes of Decisions

Cited in 154 cases (31 in the last 5 years), 1950–2025 · leading case: Aristocrat Leisure Ltd. v. Deutsche Bank Trust Co. Americas, 262 F.R.D. 293 (S.D.N.Y. 2009).

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Aristocrat Leisure Ltd. v. Deutsche Bank Trust Co. Americas, 262 F.R.D. 293 (S.D.N.Y. 2009). · cites it 7× “Rule 45(b)(3) provides that “28 U.S.C. § 1783 governs issuing and serving a subpoena directed to a United States national or resident who is in a foreign country.”

Mancusi v. Stubbs, 408 U.S. 204 (1972). · cites it 6× “Respondent argues that Tennessee might have obtained Holm as a trial witness by attempting to invoke 28 U. S. C. § 1783 (a), which provided as of the time here relevant that: "A court of the United States may subpoena, for appearance before it, a citizen or resident of the *212…”

Balk v. New York Inst. of Tech., 974 F. Supp. 2d 147 (E.D.N.Y 2013). · cites it 13× “Hussein”), who purportedly is now residing in Egypt, for a deposition in New York, pursuant to 28 U.S.C. § 1783 (the “Walsh Act”). See Pl.”

Est. of Ungar v. Palestinian Auth., 412 F. Supp. 2d 328 (S.D.N.Y. 2006). · cites it 12× “(herein, “Plaintiffs”) pursuant to 28 U.S.C. § 1783 seeking both Respondent’s personal testimony and the production of corporate documents for the purposes of establishing personal jurisdiction over Orascom Telecom Holding S.”

Newman-Green, Inc. v. Alfonzo-Larrain, 490 U.S. 826 (1989). · cites it 2× “30(a); 28 U. S. C. § 1783 . Second, given that all of the guarantors (including Bettison) are jointly and severally liable, it cannot be argued that Bettison was indispensable to the suit.”

United States v. Roland E. Thompson, 319 F.2d 665 (2d Cir. 1963). · cites it 11× “, holding him in contempt for failure to comply with a grand jury subpoena issued under the provisions of 28 U.S.C. § 1783 . We hold that the judgment below must be reversed.”

Rosenruist-Gestao E Servicos LDA v. Virgin Enter. Ltd., 511 F.3d 437 (4th Cir. 2007). · cites it 4× “In addition, 28 U.S.C. § 1783 authorizes subpoenas of an American citizen or resident "who is in a foreign country" only upon a showing "that particular testimony or the production of the document or other thing by him is necessary in the interest of justice" and, in civil…”

Farmer v. Arabian Am. Oil Co., 379 U.S. 227 (1964). · cites it 4× “Finally, since the word "required" is used in the statute, and since the statute's proponent was the Attorney General, it is susceptible of the interpretation that, even if deemed applicable to witnesses coming from abroad, it is limited to those witnesses who are subject to…”

Klesch & Co. v. Liberty Media Corp., 217 F.R.D. 517 (D. Colo. 2003). · cites it 4× “Defendant’s Motion to Issue Subpoena Defendant Liberty Media’s motion asks this court to issue a subpoena pursuant to 28 U.S.C. § 1783 , requiring a non-party, Warren Mobley, to appear at a deposition.”

People v. Herrera, 232 P.3d 710 (Cal. 2010). · cites it 2× “) Given Smith's permanent resident status, the prosecution "had available the remedy of a subpoena to be issued by the federal courts requiring the appearance as a witness before a `body designated by it'here the superior court jury`of a national or resident of the United…”

Fed. Trade Comm'n v. Compagnie De Saint-Gobain-Pont-A-Mousson, 636 F.2d 1300 (D.C. Cir. 1980). · cites it 3× “As amended, the Act authorizes an American court to issue a subpoena to a national or resident of the United States who is in a foreign country .”

Aldana v. Del Monte Fresh Produce N.A., Inc., 578 F.3d 1283 (11th Cir. 2009). · cites it 2× “In particular, the district court concluded that it was precluded under the doctrine of collateral estoppel, and by the Full Faith and Credit Act, 28 U.S.C. § 1783 , from relitigating issues decided by the state court's forum non conveniens decision.”

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— 28 U.S.C. § 1783(a) — 1 case

Patricia Ann Lundeen, Gen. Guardian of Persons & Estates of Maureen Joan Cordner & Michael Joseph Cordner v. France Jeanne Cordner, 354 F.2d 401 (8th Cir. 1966).

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