37 CFR § 42.52 — Compelling testimony and (MPEP Coverage Index) – BlueIron IP
37 CFR § 42.52 Compelling testimony and
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 42.52, including 0 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Official MPEP § 42.52 — Compelling testimony and
Source: USPTOLast Modified: 10/30/2024 08:50:22
42.52 Compelling testimony and production.
- (a)
Authorization required. A party seeking to
compel testimony or production of documents or things must file a
motion for authorization. The motion must describe the general
relevance of the testimony, document, or thing, and must:
- (1) In the case of testimony, identify the witness by name or title; and
- (2) In the case of a document or thing, the general nature of the document or thing.
- (b)
Outside the United States. For testimony or
production sought outside the United States, the motion must
also:
- (1)
In the case of testimony.
- (i) Identify the foreign country and explain why the party believes the witness can be compelled to testify in the foreign country, including a description of the procedures that will be used to compel the testimony in the foreign country and an estimate of the time it is expected to take to obtain the testimony; and
- (ii) Demonstrate that the party has made reasonable efforts to secure the agreement of the witness to testify in the United States but has been unsuccessful in obtaining the agreement, even though the party has offered to pay the travel expenses of the witness to testify in the United States.
- (2)
In the case of production of a document or
thing.
- (i) Identify the foreign country and explain why the party believes production of the document or thing can be compelled in the foreign country, including a description of the procedures that will be used to compel production of the document or thing in the foreign country and an estimate of the time it is expected to take to obtain production of the document or thing; and
- (ii) Demonstrate that the party has made reasonable efforts to obtain the agreement of the individual or entity having possession, custody, or control of the document or thing to produce the document or thing in the United States but has been unsuccessful in obtaining that agreement, even though the party has offered to pay the expenses of producing the document or thing in the United States.
- (1)
In the case of testimony.
[Added, 77 FR 48612, Aug. 14, 2012, effective Sept. 16, 2012]