46 USC 41303: Discovery and subpoenas

46 USC 41303: Discovery and subpoenas Text contains those laws in effect on November 23, 2024

From Title 46-SHIPPINGSubtitle IV-Regulation of Ocean ShippingPart A-Ocean ShippingCHAPTER 413-ENFORCEMENT

§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.