§ 2354. Subpoenas; witnesses

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1970

   Pub. L. 91–577 title I § 24 · 84 Stat. 1542

   Enacted · 7 U.S.C. § 2354

   Pub. L. 91–577, title I, § 24, Dec. 24, 1970, 84 Stat. 1544

   Source evidence

   Code source credit
   Pub. L. 91–577, title I, § 24, Dec. 24, 1970, 84 Stat. 1544

   Enacted provision · exact public law section
   Sec. 24. Subpoenas, Witnesses. (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 him 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 28 USC app. 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 his fees and traveling expenses in going to, and returning from, one day’s attendance at the place of examination, are paid or tendered him 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.

2. 1994

   Plant Variety Protection Act Amendments of 1994

   Pub. L. 103–349 § 13(d)(1) · 108 Stat. 3136

   Substituted · 7 U.S.C. § 2354(a)

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

   Source evidence

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

   Enacted provision · exact public law section
   (1) in the first sentence of subsection (a), by striking “him” and inserting “the witness”; and

   Effective date note
   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.

3. 1994

   Plant Variety Protection Act Amendments of 1994

   Pub. L. 103–349 § 13(d)(2)(B) · 108 Stat. 3136

   Substituted · 7 U.S.C. § 2354(c)

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

   Source evidence

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

   Enacted provision · exact public law section
   (B) by striking “him” and inserting “the witness”.

   Effective date note
   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.

4. 1994

   Plant Variety Protection Act Amendments of 1994

   Pub. L. 103–349 § 13(d)(2)(A) · 108 Stat. 3136

   Substituted · 7 U.S.C. § 2354(c)

   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

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (A) by striking “this fees and traveling expenses” and inserting “the fees and traveling expenses of the witness”; and

   Effective date note
   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.

4 of 4 references resolved to an enrolled provision