7 U.S.C. § 2354
Section 2354 · Subpoenas; witnesses
Amended 2 times on record
Applied in 4 court decisions — leading case 257 F. Supp. 2d 244 - Recording Industry Ass'n of America v. Verizon Internet Services (2003)
Most recently applied in Rosenruist-Gestao E Servicos LDA v. Virgin Enterprises Ltd. (December 2007)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
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.
Effective 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.
Federal Rules of Civil Procedure
Subpoena, see rule 45, Title 28, Appendix, Judiciary and Judicial Procedure.