§ 49. — Documentary evidence; depositions; witnesses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC49]
TITLE 15--COMMERCE AND TRADE
CHAPTER 2--FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
PREVENTION OF UNFAIR METHODS OF COMPETITION
SUBCHAPTER I--FEDERAL TRADE COMMISSION
Sec. 49. Documentary evidence; depositions; witnesses
For the purposes of this subchapter the Commission, or its duly
authorized agent or agents, shall at all reasonable times have access
to, for the purpose of examination, and the right to copy any
documentary evidence of any person, partnership, or corporation being
investigated or proceeded against; and the Commission shall have power
to require by subpoena the attendance and testimony of witnesses and the
production of all such documentary evidence relating to any matter under
investigation. Any member of the Commission may sign subpoenas, and
members and examiners of the Commission may administer oaths and
affirmations, examine witnesses, and receive evidence.
Such attendance of witnesses, and the production of such documentary
evidence, may be required from any place in the United States, at any
designated place of hearing. And in case of disobedience to a subpoena
the Commission may invoke the aid of any court of the United States in
requiring the attendance and testimony of witnesses and the production
of documentary evidence.
Any of the district courts of the United States within the
jurisdiction of which such inquiry is carried on may, in case of
contumacy or refusal to obey a subpoena issued to any person,
partnership, or corporation issue an order requiring such person,
partnership, or corporation to appear before the Commission, or to
produce documentary evidence if so ordered, or to give evidence touching
the matter in question; and any failure to obey such order of the court
may be punished by such court as a contempt thereof.
Upon the application of the Attorney General of the United States,
at the request of the Commission, the district courts of the United
States shall have jurisdiction to issue writs of mandamus commanding any
person, partnership, or corporation to comply with the provisions of
this subchapter or any order of the Commission made in pursuance
thereof.
The Commission may order testimony to be taken by deposition in any
proceeding or investigation pending under this subchapter at any stage
of such proceeding or investigation. Such depositions may be taken
before any person designated by the commission and having power to
administer oaths. Such testimony shall be reduced to writing by the
person taking the deposition, or under his direction, and shall then be
subscribed by the deponent. Any person may be compelled to appear and
depose and to produce documentary evidence in the same manner as
witnesses may be compelled to appear and testify and produce documentary
evidence before the Commission as hereinbefore provided.
Witnesses summoned before the Commission shall be paid the same fees
and mileage that are paid witnesses in the courts of the United States
and witnesses whose depositions are taken and the persons taking the
same shall severally be entitled to the same fees as are paid for like
services in the courts of the United States.
(Sept. 26, 1914, ch. 311, Sec. 9, 38 Stat. 722; Pub. L. 91-452, title
II, Sec. 211, Oct. 15, 1970, 84 Stat. 929; Pub. L. 93-637, title II,
Sec. 203(b), Jan. 4, 1975, 88 Stat. 2198.)
Amendments
1975--First par. Pub. L. 93-637, Sec. 203(b)(1), substituted
``person, partnership, or corporation'' for ``corporation''.
Third par. Pub. L. 93-637, Sec. 203(b)(2), substituted ``person,
partnership, or corporation'' for ``corporation or other person''
wherever appearing.
Fourth par. Pub. L. 93-637, Sec. 203(b)(3), substituted ``person,
partnership, or corporation'' for ``person or corporation''.
1970--Seventh par. Pub. L. 91-452 struck out provisions which
granted immunity from prosecution for any natural person testifying or
producing evidence, documentary or otherwise, before the commission in
obedience to a subpoena issued by it.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91-452 effective on sixtieth day following Oct.
15, 1970, see section 260 of Pub. L. 91-452, set out as an Effective
Date; Savings Provision note under section 6001 of Title 18, Crimes and
Criminal Procedure.
Savings Provision
Amendment by Pub. L. 91-452 not to affect any immunity to which any
individual is entitled under this section by reason of any testimony
given before the sixtieth day following Oct. 15, 1970, see section 260
of Pub. L. 91-452, set out as an Effective Date; Savings Provision note
under section 6001 of Title 18, Crimes and Criminal Procedure.
Transfer of Functions
For transfer of functions of Federal Trade Commission, with certain
exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of
1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out
under section 41 of this title.
Section Referred to in Other Sections
This section is referred to in section 57b-1 of this title; title 7
sections 198b, 222, 610, 1636, 2146, 3807; title 21 sections 467d, 677,
1051; title 26 section 5274; title 27 section 202; title 29 sections
177, 209, 521, 1134, 1862, 2004, 2933; title 33 sections 907, 944; title
42 section 7255; title 50 App. section 1983.
