§ 41303 - Discovery and subpoenas

CHAPTER 413— ENFORCEMENT

(a) In an investigation or adjudicatory proceeding under this part—

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

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

Notes

Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4130346 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.