Us Code § 42104 - Information, witnesses, and evidence
Full text of Us Code United States Code § 42104 — Information, witnesses, and evidence, with citation guidance and answers to common questions.
§ 42104. Information, witnesses, and evidence
(a)
(b)
(1) subpoena witnesses and evidence; and
(2) authorize a party to use depositions, written interrogatories, and discovery procedures that, to the extent practicable, conform to the Federal Rules of Civil Procedure (28 App. U.S.C.).
(c)
(d)
(1) after notice and opportunity for a hearing, suspend tariffs and service contracts of a common carrier or the common carrier's right to use tariffs of conferences and service contracts of agreements of which it is a member; or
(2) assess a civil penalty of not more than $5,000 for each day that the information is not provided.
(e)
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1549.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 42104(a) | 46 App.:876(f)(1)–(3). | June 5, 1920, ch. 250, §19(f), (g); as added Pub. L. 101–595, title I, §103(2), Nov. 16, 1990, 104 Stat. 2979; Pub. L. 102–587, title VI, §6205(b)(2), Nov. 4, 1992, 106 Stat. 5094; Pub. L. 105–258, title III, §301, Oct. 14, 1998, 112 Stat. 1915. |
| 42104(b) | 46 App.:876(g)(1), (2). | |
| 42104(c) | 46 App.:876(g)(3). | |
| 42104(d) | 46 App.:876(f)(4), (g)(4). | |
| 42104(e) | 46 App.:876(g)(5). |
In subsections (a) and (b), the words "In carrying out" are substituted for "In furtherance of the purposes of" and "In proceedings under" for clarity and consistency.
In subsection (b)(1), the words "subpoena witnesses and evidence" are substituted for "by subpoena compel the attendance of witnesses and the production of books, papers, documents, and other evidence" for consistency in the revised title and to eliminate unnecessary words.
In subsection (b)(2), the words "conform to the Federal Rules of Civil Procedure (28 App. U.S.C.)" are substituted for "are in conformity with the rules applicable in civil proceedings in the district courts of the United States" for clarity.
In subsection (d)(2), the penalties from 46 App. U.S.C. 876(f)(4) and (g)(4)(B) are combined because they are redundant.
In subsection (e), the words "by an appropriate injunction or other process, mandatory or otherwise" are omitted as unnecessary.
About This Section
46 U.S.C. § 42104 is part of Title 46 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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