An Act to improve judicial procedures for serving documents, obtaining evidence and proving documents in litigation with international aspects
PL 88-619 (H.R.9435), enacted 10/02/1964

78 STAT. ] 
PUBLIC LAW 88-619-OCT. 3, 1964 
995 
Public Law 88-619 
A N A C T 
October 3, 1964 
To improve judicial procedures for serving documents, obtaining evidence, and 
Lj 
!__: . 
proving documents in litigation with international aspects. 
Courts. 
Judicial 
proce-
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assemMed^ That section 1621 
of title 18, United States Code, is amended to read: 
dureTimprov'e^rnt 
"§1621. Perjury generally 
Penauy. 
"Whoever, having taken an oath before a competent tribunal, officer, 
or person, in any case in which a law of the United States authorizes 
an oath to be administered, that he will testify, declare^, depose, or 
certify truly, or that any written testimony, declaration, deposition, or 
certificate by him subscribed, is true, willfully and contrary to such 
oath states or subscribes any material matter which he does not believe 
to be true, is guilty of perjury, and shall, except as otherwise expressly 
provided by law, be fined not more than $2,000 or imprisoned not more 
than five years, or both. This section is applicable whether the state- 
Applicability. 
ment or subscription is made within or without the United States." 
SEC, 2, Section 3491 of title 18, United States Code, is amended to 
read: 
"§3491. Foreign dacuments 
"Any book, paper, statement, record, account, writing, or other docu-
ment, or any portion thereof, of whatever character and in whatever 
form, as well as any copy thereof equally with the original, which is 
not in the United States shall, when duly certified as provided in sec-
tion 3494 of this title, be admissible in evidence in any criminal action 
or proceeding in any court of the United States if the court shall find, 
from all the testimony taken with respect to such foreign document 
pursuant to a commission executed under section 3492 of this title, 
that such document (or the original thereof in case such document is a 
copy) satisfies the requirements of section 1732 of title 28, unless in the 75^stat.^4i3^^' 
event that the genuineness of such document is denied, any party to 
such criminal action or proceeding making such denial shall establish 
to the satisfaction of the court that such document is not genuine. 
Nothing contained herein shall be deemed to require authentication 
under the provisions of section 3494 of this title of any such foreign 
documents which may otherwise be properly authenticated by law." 
SEC. 3. The Act of July 3,1930,46 Stat. 1005, as amended by the Act 
^^P^^^-
of June 7, 1933 (48 Stat. 117; 22 U.S.C., sees. 270 through 270g), is 
repealed. 
SEC. 4. (a) Chapter 113 of title 28, United States Code, is amended ,^^^^^^ i^^^' 
by inserting therein, after section 1696: 
"§ 1696. Service in foreign and international litigation 
"(a) The district court of the district in which a person resides or is 
found may order service upon him of any document issued in connec-
tion with a proceeding in a foreign or international tribunal. The 
order may be made pursuant to a letter rogatory issued, or request 
made, by a foreign or international tribunal or upon application of 
any interested person and shall direct the manner of service. Service 
pursuant to this subsection does not, of itself, require the recognition 
or enforcement in the United States of a judgment, decree, or order 
rendered by a foreign or international tribunal. 
" (b) This section does not preclude service of such a document with-
out an order of court." 
1695. 
996 
PUBLIC LAW 88-619-OCT. 3, 1964 
[78 STAT. 
(b) The analysis of cliapter 113 of title 28, United States Code, is 
amended by inserting: 
"1696. Service in foreign and international litigation." 
after: 
"1695. stockholder's, derivative action." 
62 Stat. 948. 
SE^. 5. (a) Section 1741 of title 28, United States Code, is amended 
to read: 
"§1741. Foreign official documents 
"An official record or document of a foreign country may be evi-
denced by a copy, summary, or excerpt authenticated as provided in 
28 use app. 
(]^g Federal Rules of Civil Procedure." 
^
^
2
^
8 use 1731- 
(b) The analysis of chapter 115 of title 28, United States Code, is 
amended by striking: 
"1741. Foreign documents generally; copies." 
and inserting in place thereof: 
"1741. Foreign official documents." 
Repeal. 
§^0. 6. (a) Sectiou 1742 of title 28, United States Code, is repealed, 
(b) The analysis of chapter 115 of title 28, United States Code, is 
amended by inserting after: 
"1742. Land titles; foreign records." 
the following: 
"[Repealed]." 
63 Stat. 103. 
gj,(. 7 (.^) Section 1745 of title 28, United States Code, is amended 
to read: 
"§ 1745. Copies of foreign patent documents 
"Copies of the specifications and drawings of foreign letters patent, 
or applications for foreign letters patent, and copies of excerpts of 
the official journals and other official publications of foreign patent 
offices belonging to the United States Patent Office, certified in the 
manner provided by section 1744 of this title are prima facie evidence 
of their contents and of the dates indicated on their face." 
(b) The analysis of chapter 115 of title 28, United States Code, is 
amended by striking: 
"1745. Copies of foreign patent specifications and drawings." 
and inserting in place thereof: 
"1745. Copies of foreign patent documents." 
62 Stat. 949. 
g^c. 8. (a) Sectiou 1781 of title 28, United States Code, is amended 
to read: 
"§1781. Transmittal of letter rogatory or request 
"(a) The Department of State has power, directly, or through 
suitable channels— 
"(1) to receive a letter rogatory issued, or request made, by a 
foreign or international tribunal, to transmit it to the tribunal, 
officer, or agency in the United States to whom it is addressed, 
and to receive and return it after execution; and 
"(2) to receive a letter rogatory issued, or request made, by 
a tribunal in the United States, to transmit it to the foreign or 
international tribunal, officer, or agency to whom it is addressed, 
and to receive and return it after execution. 
"(b) This section does not preclude— 
"(1) the transmittal of a letter rogatory or request directly 
from a foreign or international tribunal to the tribunal, officer, or 
28 u s e 1781-
1785. 
62 Stat. 949. 
78 STAT. ] 
PUBLIC LAW 88-619-OCT. 3, 1964 
997 
agency in the United States to whom it is addressed and its return 
in the same manner; or 
"(2) the transmittal of a letter rogatory or request directly 
from a tribunal in the United States to the foreign or international 
tribunal, officer, or agency to whom it is addressed and its return 
in the same manner." 
(b) The analysis of chapter 117 of title 28, United States Code, is 
amended by striking: 
"1781. Foreign witnesses." 
and inserting in place thereof: 
"1781. Transmittal of letter rogatory or request." 
SEC. 9. (a) Section 1782 of title 28, United States Code, is amended 
to read: 
"§ 1782. Assistance to foreign and international tribunals and to 
litigants before such tribunals 
"(a) The district court of the district in which a person resides or 
is found may order him to give his testimony or statement or to produce 
a document or other thing for use in a proceeding in a foreign or inter-
national tribunal. The order may be made pursuant to a letter roga-
tory issued, or request made, by a foreign or international tribunal or 
upon the application of any interested person and may direct that the 
testimony or statement be given, or the document or other thing be 
produced, before a person appointed by the court. By virtue of his 
appointment, the person appointed has power to administer any neces-
sary oath and take the testimony or statement. The order may pre-
scribe the practice and procedure, which may be in whole or part the 
practice and procedure of the foreign country or the international 
tribunal, for taking the testimony or statement or producing the 
document or other thing. To the extent that the order does not pre-
scribe otherwise, the testimony or statement sJiall be taken, and the 
document or other thing produced, in accordance with the Federal 
Rules of Civil Procedure. 
' ' ''^'' "^^ 
"A person may not be compelled to ^ive his testimony or statement 
or to produce a document or other thing in violati,on of any legally 
applicable privilege. 
"(b) This chapter does not preclude a person within the United 
States from voluntarily giving his testimony or statement, or produc-
ing a document or other thing, f^r use in a proceeding in a foreign or 
international tribunal before any person and in any manner acceptable 
to him." 
(b) The analysis of chapter 117 of title 28, United States Code, is 
amended by striking: 
"1782. Testimony for use in foreign countries." 
and inserting in place thereof: 
"1782. Assistance to foreign and international tribunals and to litigants bfefore 
such tribunals." 
SEC. 10. (a) Section 1783 of title 28, United States Code, is amended 
to read: 
"§ 1783. Subpoena of person in foreign country 
"(a) A court of the United States may order the issuance of a 
subpoena requiring the appearance as a witness before it, or before a 
person or body designated by it, of a national or resident of the United 
States who is in a f,oreign country, or requiring the production of a 
specified document or other thing by him, if the court finds that 
particular testimony ,or the production of the document or other thing 
by him is necessary in the interest of justice, and, in other than a 
998 
PUBLIC LAW 88-619-OCT. 3, 1964 
[78 STAT. 
eriminal action or proceeding, if the court finds, in addition, that it is 
not possible to obtain his testimony in admissible form without his 
personal appearance or to obtain the production of the document or 
other thing in any other manner. 
"(b) The subpoena shall designate the time and place for the 
appearance or for the production of the document or other thing. 
Service of the subpoena and any order to show cause, rule, judgment, 
62 Stat. 949. 
QJ. (jecrec authorized by this section or by section 1784 of this title shall 
be effected in accordance with the provisions of the Federal Rules of 
28 use app. 
Civil Procedure relating to service of process on a person in a foreign 
country. The person serving the subpoena shall tender to the person 
to whom the subpoena is addressed his estimated necessary travel and 
attendance expenses, the amount of which shall be determined by the 
court and stated in the order directing the issuance of tlie subpoena." 
(b) The analysis of chapter 117 of title 28, United States Code, is 
amended by striking: 
"1783. Subpoena of witness in foreign country." 
and inserting in place thereof: 
"1783. Subpoena of person in foreign country." 
SEC. 11. Section 1784 of title 28, United States Code, is amended to 
read: 
«§1784. Contempt 
"(a) The court of the United States which has issued a subpoena 
served in a foreign country may order the person who has failed to 
appear or who has failed to produce a document or other thing as 
directed therein to show cause before it at a designated time why he 
should not be punished for contempt. 
"(b) The court, in the order to show cause, may direct that any of 
the person's property within the United States be levied upon or 
seized, in the manner provided by law or court rules governing levy 
or seizure under execution, and held to satisfy any judgment that 
may be rendered against him pursuant to subsection (d) of this sec-
tion if adequate security, in such amount as the court may direct in 
the order, be given for any damage that he might suffer should he not 
be found in contempt. 
Security under this subsection may not be 
required of the United States. 
"(c) A copy of the order to show cause shall be served on the 
person in accordance with section 1783 (b) of this title. 
"(d) On the return day of the order to show cause or any later 
Penalty. 
^^y |Q ^yhich the hearing may be continued, proof shall be taken. If 
the person is found in contempt, the court, notwithstanding any 
limitation upon its power generally to punish for contempt, may fine 
him not more than $100,000 and direct that the fine and costs of the 
proceedings be satisfied by a sale of the property levied upon or 
seized, conducted upon the notice required and in the manner pro-
vided for sales upon execution." 
^«p«3i- 
SEC. 12. (a) Section 1785 of title 28, United States Code, is repealed. 
(b) The analysis of chapter 117 of title 28, United States Code, 
is amended by striking: 
"1785. Privilege against incrimination," 
Approved October 3, 1964.