46 U.S.C. § 6304 : Shipping — Vessels And Seamen — Investigating Marine Casualties — Marine Casualties — Subpena Authority

  • Date:
(a) In an investigation under this chapter, the attendance and testimony of witnesses, including parties in interest, and the production of any evidence may be compelled by subpena. The subpena authority granted by this section is coextensive with that of a district court of the United States, in civil matters, for the district in which the investigation is conducted.
(b) When a person fails to obey a subpena issued under this section, the district court of the United States for the district in which the investigation is conducted or in which the person failing to obey is found, shall on proper application issue an order directing that person to comply with the subpena. The court may punish as contempt any disobedience of its order.
(c) A witness complying with a subpena issued under this section may be paid for actual travel and attendance at the rate provided for witnesses in the district courts of the United States.
(d) An official designated to conduct an investigation under this part may issue subpenas as provided in this section and administer oaths to witnesses.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 538.)

Historical and Revision Notes

Revised section

Source section (U.S. Code)

6304

46:239(e)

46:239(f)

Section 6304 provides an officer investigating a marine casualty with the necessary subpena authority to require the attendance and testimony of witnesses and the production of evidence. It also authorizes a district court of the United States to direct compliance with a subpena.

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