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Managing America: Courts

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Week Ending October 5, 2007

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

The US District Court for the Southern District of New York has the sole jurisdiction over remedies for damages arising from the 9-11 attacks.

Because current law only allows under certain circumstances for a subpoena to be served outside an area 100 miles from the District and because Congress recognizes that those to be subpoenaed may be working or living beyond that distance, the bill allows for subpoenas to be served nationwide.

Sponsor:  Rep. Joe Biden, Jr. (D-DE)

Vote: Passed the Senate by Unanimous Consent October 3, 2007

Cost to the taxpayers: No discernible cost

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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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