Discovery and subpoenas

1. Law
2. USC 46
3. Shipping
4. Regulation of Ocean Shipping
5. Ocean Shipping
6. ENFORCEMENT
7. Discovery and subpoenas

§41303. Discovery and subpoenas

(a) In General.-In an investigation or adjudicatory proceeding under this part-

(1) the Federal Maritime Commission may subpoena witnesses and evidence; and

(2) a party may use depositions, written interrogatories, and discovery procedures under regulations prescribed by the Commission that, to the extent practicable, shall conform to the Federal Rules of Civil Procedure (28 App. U.S.C.).

(b) Witness Fees.-Unless otherwise prohibited by law, a witness is entitled to the same fees and mileage as in the courts of the United States.

( Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1545 .)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41303	46 App.:1711.	Pub. L. 98–237, §12, Mar. 20, 1984, 98 Stat. 81 .

In subsection (a)(1), the words "may subpoena witnesses and evidence" are substituted for "may by subpena compel the attendance of witnesses and the production of books, papers, documents, and other evidence" to eliminate unnecessary words.

In subsection (a)(2), the words "shall conform to the Federal Rules of Civil Procedure (28 App. U.S.C.)" are substituted for "shall be in conformity with the rules applicable in civil proceedings in the district courts of the United States" for clarity.

Download our app to see the most-to-date content.