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Managing America: Courts

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Week Ending November 2, 2007

S.2106 A bill to provide nationwide subpoena authority for actions brought under the September 11 Victim Compensation Fund of 2001.

Paralleling a previous House bill, this bill extends subpoena power to court cases related to 9-11 Victims Compensation Fund of 2001. The Fund establishes that cases resulting from the 9-11 attacks will be handled in the southern New York Federal district court system. The bill’s necessity is based on the need to subpoena individuals outside of a 100 mile radius of the district. Potential witnesses have often moved or been reassigned outside that area leaving them immune to a subpoena. This bill would subject them subpoenas no matter where they are located.

Sponsor:  Senator Joe Biden (D-DE)

Vote: Passed Senate by Unanimous Consent October 30, 2007

Cost to the taxpayers: No discernible cost other than increased cost of serving the subpoena.

Earmark Certification: Not applicable to this bill. 

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MORE INFORMATION

Congress finds the following:

(1) The September 11th Victims Compensation Fund of 2001 (49 U.S.C. 40101 note) establishes a Federal cause of action in the United States District Court for the Southern District of New York as the exclusive remedy for damages arising out of the hijacking and subsequent crash of American Airlines flights 11 and 77, and United Airlines flights 93 and 175, on September 11, 2001.

(2) Rules 45(b)(2) and 45(c)(3)(A)(ii) of the Federal Rules of Civil Procedure effectively limit service of a subpoena to any place within, or within 100 miles of, the district of the court by which it is issued, unless a statute of the United States expressly provides that the court, upon proper application and cause shown, may authorize the service of a subpoena at any other place.

(3) Litigating a Federal cause of action under the September 11 Victims Compensation Fund of 2001 is likely to involve the testimony and the production of other documents and tangible things by a substantial number of witnesses, many of whom may not reside, be employed, or regularly transact business in, or within 100 miles of, the Southern District of New York.

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