U.S. Code » Title 46 » Subtitle Subtitle II— Vessels and Seamen › Part Part D— Marine Casualties › Chapter CHAPTER 63— INVESTIGATING MARINE CASUALTIES

46 U.S.C. § 6304

Subpoena authority

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 46 CasesGoogle Scholar
(a) In an investigation under this chapter, the attendance and testimony of witnesses, including parties in interest, and the production of any evidence may be compelled by subpoena. The subpoena authority granted by this section is coextensive with that of a district court of the United States, in civil matters, for the district in which the investigation is conducted.(b) When a person fails to obey a subpoena issued under this section, the district court of the United States for the district in which the investigation is conducted or in which the person failing to obey is found, shall on proper application issue an order directing that person to comply with the subpoena. The court may punish as contempt any disobedience of its order.(c) A witness complying with a subpoena issued under this section may be paid for actual travel and attendance at the rate provided for witnesses in the district courts of the United States.(d) An official designated to conduct an investigation under this part may issue subpoenas as provided in this section and administer oaths to witnesses.(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 538; Pub. L. 117–263, div. K, title CXVIII, § 11807(a), Dec. 23, 2022, 136 Stat. 4165.)

Historical and Revision Notes

Revised section

Source section (U.S. Code)

6304

46:239(e)

46:239(f)

Section 6304 provides an officer investigating a marine casualty with the necessary subpena authority to require the attendance and testimony of witnesses and the production of evidence. It also authorizes a district court of the United States to direct compliance with a subpena.

Editorial NotesAmendments

2022—Pub. L. 117–263 substituted “subpoena” for “subpena” wherever appearing in text, “subpoenas” for “subpenas” in subsec. (d), and, to reflect the probable intent of Congress, “Subpoena” for “Subpena” in section catchline.

Notes of Decisions
Cited in 2 cases, 1993–2007 · leading case: Otal Investments Ltd. v. M v. Clary, 494 F.3d 40 (2d Cir. 2007).
Sort: Relevance Newest Treatment
Otal Investments Ltd. v. M v. Clary, 494 F.3d 40 (2d Cir. 2007). · cites it 2× “§ 6101 (requiring the reporting of marine casualties within United States jurisdiction); 46 U.S.C. § 6304 (granting the Coast Guard the power to subpoena vessels' logbooks); United States v.”
Veldhoen v. United States Coast Guard, 838 F. Supp. 280 (E.D. La. 1993). “) 46 U.S.C. § 6304 (a). The Court finds that under these circumstances a district court would have subpoena power over petitioners because they are present within this federal district, and therefore, the Coast Guard has that same power.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.