U.S. Code » Title 7 » Chapter CHAPTER 57— PLANT VARIETY PROTECTION › Subchapter SUBCHAPTER I— PLANT VARIETY PROTECTION OFFICE › Part Part B— Legal Provisions as to the Plant Variety Protection Office

7 U.S.C. § 2354

Subpoenas; witnesses

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(a) The clerk of any United States court for the district wherein testimony is to be taken in accordance with regulations established by the Secretary for use in any contested case in the Plant Variety Protection Office shall, upon the application of any party thereof, issue a subpoena for any witness residing or being within such district or within one hundred miles of the stated place in such district, commanding the witness to appear and testify before an officer in such district authorized to take depositions and affidavits, at the time and place stated in the subpoena. The provisions of the Federal Rules of Civil Procedure relating to the attendance of witnesses and the production of documents and things shall apply to contested cases in the Plant Variety Protection Office insofar as consistent with such regulations.(b) Every witness subpoenaed or testifying shall be allowed the fees and traveling expenses allowed to witnesses attending the United States district courts.(c) A judge of a court whose clerk issued a subpoena may enforce obedience to the process or punish disobedience as in other like cases, on proof that a witness, served with such subpoena, neglected or refused to appear or to testify. No witness shall be deemed guilty of contempt for disobeying such subpoena unless the fees and traveling expenses of the witness in going to, and returning from, one day’s attendance at the place of examination, are paid or tendered the witness at the time of the service of the subpoena; nor for refusing to disclose any secret matter except upon appropriate order of the court which issued the subpoena or of the Secretary.(Pub. L. 91–577, title I, § 24, Dec. 24, 1970, 84 Stat. 1544; Pub. L. 103–349, § 13(d), Oct. 6, 1994, 108 Stat. 3143.)Editorial NotesAmendments

1994—Subsec. (a). Pub. L. 103–349, § 13(d)(1), substituted “the witness” for “him” in first sentence.

Subsec. (c). Pub. L. 103–349, § 13(d)(2)(B), substituted “the witness” for “him” after “paid or tendered” in second sentence.

Pub. L. 103–349, § 13(d)(2)(A), which directed that second sentence be amended by substituting “the fees and traveling expenses of the witness” for “this fees and traveling expenses”, was executed by making the substitution for “his fees and traveling expenses”, to reflect the probable intent of Congress.

Statutory Notes and Related SubsidiariesEffective Date of 1994 Amendment

Amendment by Pub. L. 103–349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title.

Notes of Decisions
Cited in 5 cases, 2003–2007 · leading case: Rosenruist-Gestao E Servicos LDA v. Virgin Enter. Ltd., 511 F.3d 437 (4th Cir. 2007).
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Rosenruist-Gestao E Servicos LDA v. Virgin Enter. Ltd., 511 F.3d 437 (4th Cir. 2007). · cites it 2× “See 7 U.S.C. § 2354 (a) (2000) (subpoena power for contested cases in Plant Variety Protection Office); 50 U.”
Recording Indus. Ass'n of Am. v. Verizon Internet Servs., 257 F. Supp. 2d 244 (D.D.C. 2003). · cites it 2× “§ 157 (h) (subpoenas at the request of arbitrators under the Railway Labor Act); 7 U.S.C. § 2354 (a) (subpoenas for evidence to be used in connection with proceedings in Plant Variety Protection Office).”
United States v. Charter Commc'ns, Inc., 393 F.3d 771 (8th Cir. 2005). “§ 157 (h), and plant variety protection proceedings, 7 U.S.C. § 2354 (a). There is no record that any of these statutory subpoenas have been held to violate the case or controversy requirement of Article III, and no good reason has been shown to hold that the clerk’s issuance of…”
Recording Indus. Ass'n of Am. v. Univ. of North Carolina, 367 F. Supp. 2d 945 (M.D.N.C. 2005). “§ 388 (private party can get witness subpoena from a clerk or judge for a contested election hearing), 7 U.S.C. § 2354 (a) (clerk can issue subpoenas at request of parties for hearings in the Plant Variety Protection Office), 28 U.”
Recording Ind. Assoc v. Charter (8th Cir. 2005). “§ 157 (h), and plant variety protection proceedings, 7 U.S.C. § 2354 (a). There is no record that any of these statutory subpoenas have been held to violate the case or controversy requirement of Article III, and no good reason has been shown to hold that the clerk’s issuance of…”
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