Court Opinions
State Laws
|
Crimes and Criminal Procedure - 18 USC Section 3492
Legal Research Home >
US Lawyer > Crimes and Criminal Procedure > Crimes and Criminal Procedure - 18 USC Section 3492
01/19/04
Sec. 3492. Commission to consular officers to authenticate foreign
documents
(a) The testimony of any witness in a foreign country may be
taken either on oral or written interrogatories, or on
interrogatories partly oral and partly written, pursuant to a
commission issued, as hereinafter provided, for the purpose of
determining whether any foreign documents sought to be used in any
criminal action or proceeding in any court of the United States are
genuine, and whether the authentication requirements of the Federal
Rules of Evidence are satisfied with respect to any such document
(or the original thereof in case such document is a copy).
Application for the issuance of a commission for such purpose may
be made to the court in which such action or proceeding is pending
by the United States or any other party thereto, after five days'
notice in writing by the applicant party, or his attorney, to the
opposite party, or his attorney of record, which notice shall state
the names and addresses of witnesses whose testimony is to be taken
and the time when it is desired to take such testimony. In granting
such application the court shall issue a commission for the purpose
of taking the testimony sought by the applicant addressed to any
consular officer of the United States conveniently located for the
purpose. In cases of testimony taken on oral or partly oral
interrogatories, the court shall make provisions in the commission
for the selection as hereinafter provided of foreign counsel to
represent each party (except the United States) to the criminal
action or proceeding in which the foreign documents in question are
to be used, unless such party has, prior to the issuance of the
commission, notified the court that he does not desire the
selection of foreign counsel to represent him at the time of taking
of such testimony. In cases of testimony taken on written
interrogatories, such provision shall be made only upon the request
of any such party prior to the issuance of such commission.
Selection of foreign counsel shall be made by the party whom such
foreign counsel is to represent within ten days prior to the taking
of testimony or by the court from which the commission issued, upon
the request of such party made within such time.
(b) Any consular officer to whom a commission is addressed to
take testimony, who is interested in the outcome of the criminal
action or proceeding in which the foreign documents in question are
to be used or has participated in the prosecution of such action or
proceeding, whether by investigations, preparation of evidence, or
otherwise, may be disqualified on his own motion or on that of the
United States or any other party to such criminal action or
proceeding made to the court from which the commission issued at
any time prior to the execution thereof. If after notice and
hearing, the court grants the motion, it shall instruct the
consular officer thus disqualified to send the commission to any
other consular officer of the United States named by the court, and
such other officer shall execute the commission according to its
terms and shall for all purposes be deemed the officer to whom the
commission is addressed.
(c) The provisions of this section and sections 3493-3496 of this
title applicable to consular officers shall be applicable to
diplomatic officers pursuant to such regulations as may be
prescribed by the President. For purposes of this section and
sections 3493 through 3496 of this title, the term "consular
officers" includes any United States citizen who is designated to
perform notarial functions pursuant to section 1750 of the Revised
Statutes, as amended (22 U.S.C. 4221).
1948 ACT
Based on section 695b of title 28, U.S.C., 1940 ed., Judicial
Code and Judiciary (June 20, 1936, ch. 640, Sec. 3, 49 Stat. 1562).
1949 ACT
This section [section 53] corrects section 3492(a) of title 18,
U.S.C., so that the reference in the first sentence thereof will be
to the correct section number in title 28, U.S.C., as revised and
enacted in 1948.
Last modified: April 13, 2006
|
|
