37 CFR § 41.156 — Compelling testimony and production. (MPEP Coverage Index) – BlueIron IP
37 CFR § 41.156 Compelling testimony and production.
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 41.156, 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 § 41.156 — Compelling testimony and production.
Source: USPTOLast Modified: 10/30/2024 08:50:22
41.156 Compelling testimony and production.
- (a)
Authorization required. A party seeking to compel
testimony or production of documents or things must file a
miscellaneous motion for authorization. The miscellaneous 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 expenses of the witness to travel to and 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 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. (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
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004]