§ 388. — Subpena for attendance at deposition.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC388]
TITLE 2--THE CONGRESS
CHAPTER 12--CONTESTED ELECTIONS
Sec. 388. Subpena for attendance at deposition
(a) Issuance
Upon application of any party, a subpena for attendance at a
deposition shall be issued by:
(1) a judge or clerk of the United States district court for the
district in which the place of examination is located;
(2) a judge or clerk of any court of record of the State in
which the place of examination is located; or
(3) a judge or clerk of any court of record of the county in
which the place of examination is located.
(b) Time, method, and proof of service
Service of the subpena shall be made upon the witness no later than
three days before the day on which his attendance is directed. A subpena
may be served by any person who is not a party to the contested election
case and is not less than eighteen years of age. Service of a subpena
upon a person named therein shall be made by delivering a copy thereof
to such person and by tendering to him the fee for one day's attendance
and the mileage allowed by section 389 of this title. Written proof of
service shall be made under oath by the person making same and shall be
filed with the Clerk.
(c) Place of examination
A witness may be required to attend an examination only in the
county wherein he resides or is employed, or transacts his business in
person, or is served with a subpena, or within forty miles of the place
of service.
(d) Form
Every subpena shall state the name and title of the officer issuing
same and the title of the contested election case, and shall command
each person to whom it is directed to attend and give testimony at a
time and place and before an officer specified therein.
(e) Production of documents
A subpena may also command the person to whom it is directed to
produce the books, papers, documents, or other tangible things
designated therein, but the committee, upon motion promptly made and in
any event at or before the time specified in the subpena for compliance
therewith, may (1) quash or modify the subpena if it is unreasonable or
oppressive, or (2) condition denial of the motion upon the advancement
by the party in whose behalf the subpena is issued of the reasonable
cost of producing the books, papers, documents, or tangible things. In
the case of public records or documents, copies thereof, certified by
the person having official custody thereof, may be produced in lieu of
the originals.
(Pub. L. 91-138, Sec. 9, Dec. 5, 1969, 83 Stat. 288.)
Section Referred to in Other Sections
This section is referred to in section 386 of this title.
