15 USC 1314(g): Documentary material, answers to written interrogatories, or transcripts of oral depositions submitted in response to a Civil Investigative Demand (CID)

          
Sec. 1314. Judicial proceedings
(a) Petition for enforcement; venue

    Whenever any person fails to comply with any civil investigative 
demand duly served upon him under section 1312 of this title or whenever 
satisfactory copying or reproduction of any such material cannot be done 
and such person refuses to surrender such material, the Attorney 
General, through such officers or attorneys as he may designate, may 
file, in the district court of the United States for any judicial 
district in which such person resides, is found, or transacts business, 
and serve upon such person a petition for an order of such court for the 
enforcement of this chapter.

(b) Petition for order modifying or setting aside demand; time for 
        petition; suspension of time allowed for compliance with demand 
        during pendency of petition; grounds for relief

    (1) Within twenty days after the service of any such demand upon any 
person, or at any time before the return date specified in the demand, 
whichever period is shorter, or within such period exceeding twenty days 
after service or in excess of such return date as may be prescribed in 
writing, subsequent to service, by any antitrust investigator named in 
the demand, such person may file and serve upon such antitrust 
investigator, and in the case of any express demand for any product of 
discovery upon the person from whom such discovery was obtained, a 
petition for an order modifying or setting aside such demand--
        (A) in the district court of the United States for the judicial 
    district within which such person resides, is found, or transacts 
    business; or
        (B) in the case of a petition addressed to an express demand for 
    any product of discovery, only in the district court of the United 
    States for the judicial district in which the proceeding in which 
    such discovery was obtained is or was last pending.

    (2) The time allowed for compliance with the demand in whole or in 
part as deemed proper and ordered by the court shall not run during the 
pendency of such petition in the court, except that such person shall 
comply with any portions of the demand not sought to be modified or set 
aside. Such petition shall specify each ground upon which the petitioner 
relies in seeking such relief and may be based upon any failure of such 
demand to comply with the provisions of this chapter, or upon any 
constitutional or other legal right or privilege of such person.

(c) Petition for order modifying or setting aside demand for production 
        of product of discovery; grounds for relief; stay of compliance 
        with demand and of running of time allowed for compliance with 
        demand

    Whenever any such demand is an express demand for any product of 
discovery, the person from whom such discovery was obtained may file, at 
any time prior to compliance with such express demand, in the district 
court of the United States for the judicial district in which the 
proceeding in which such discovery was obtained is or was last pending, 
and serve upon any antitrust investigator named in the demand and upon 
the recipient of the demand, a petition for an order of such court 
modifying or setting aside those portions of the demand requiring 
production of any such product of discovery. Such petition shall specify 
each ground upon which the petitioner relies in seeking such relief and 
may be based upon any failure of such portions of the demand to comply 
with the provisions of this chapter, or upon any constitutional or other 
legal right or privilege of the petitioner. During the pendency of such 
petition, the court may stay, as it deems proper, compliance with the 
demand and the running of the time allowed for compliance with the 
demand.

(d) Petition for order requiring performance by custodian of duties; 
        venue

    At any time during which any custodian is in custody or control of 
any documentary material or answers to interrogatories delivered, or 
transcripts of oral testimony given by any person in compliance with any 
such demand, such person, and, in the case of an express demand for any 
product of discovery, the person from whom such discovery was obtained, 
may file, in the district court of the United States for the judicial 
district within which the office of such custodian is situated, and 
serve upon such custodian a petition for an order of such court 
requiring the performance by such custodian of any duty imposed upon him 
by this chapter.

(e) Jurisdiction; appeal; contempts

    Whenever any petition is filed in any district court of the United 
States under this section, such court shall have jurisdiction to hear 
and determine the matter so presented, and to enter such order or orders 
as may be required to carry into effect the provisions of this chapter. 
Any final order so entered shall be subject to appeal pursuant to 
section 1291 of title 28. Any disobedience of any final order entered 
under this section by any court shall be punished as a contempt thereof.

(f) Applicability of Federal Rules of Civil Procedure

    To the extent that such rules may have application and are not 
inconsistent with the provisions of this chapter, the Federal Rules of 
Civil Procedure shall apply to any petition under this chapter.

        

            
 
          

(g) Disclosure exemption

    Any documentary material, answers to written interrogatories, or 
transcripts of oral testimony provided pursuant to any demand issued 
under this chapter shall be exempt from disclosure under section 552 of 
title 5.

(Pub. L. 87-664, Sec. 5, Sept. 19, 1962, 76 Stat. 551; Pub. L. 94-435, 
title I, Sec. 104, Sept. 30, 1976, 90 Stat. 1389; Pub. L. 96-349, 
Sec. 2(b)(5), Sept. 12, 1980, 94 Stat. 1155.)

                       References in Text

    This chapter, referred to in text, was in the original ``this Act'', 
meaning Pub. L. 87-664, which is classified generally to this chapter. 
For complete classification
of this Act to the Code, see Short Title note set out under section 1311 
of this title and Tables.
    The Federal Rules of Civil Procedure, referred to in subsec. (f), 
are set out in the Appendix to Title 28, Judiciary and Judicial 
Procedure.
                               Amendments

    1980--Subsec. (b). Pub. L. 96-349, Sec. 2(b)(5)(A), designated 
existing provisions as par. (1), provided for filing and serving a 
petition for an order modifying or setting aside a demand in the case of 
an express demand for any product of discovery upon the person from whom 
the discovery was obtained, incorporated existing provision in cl. (A), 
added cl. (B), and designated existing provisions as par. (2).
    Subsecs. (c), (d). Pub. L. 96-349, Sec. 2(b)(5)(B) to (D), added 
subsec. (c), redesignated former subsec. (c) as (d) and authorized 
petition, in the case of an express demand for any product of discovery, 
by the person from whom the discovery was obtained, for an order 
requiring performance by the custodian of his duties. Former subsec. (d) 
redesignated (e).
    Subsecs. (e) to (g). Pub. L. 96-349, Sec. 2(b)(5)(B), redesignated 
former subsecs. (d) to (f) as (e) to (g), respectively.
    1976--Subsec. (a). Pub. L. 94-435, Sec. 104(a), struck out provision 
which permitted a petition for an enforcement order to be filed in the 
judicial district where a person who had failed to comply with a demand 
and who transacted business in one or more districts, maintained his 
principal place of business, or in such other district, in which such 
person transacted business, as was agreed upon by the parties to the 
petition.
    Subsec. (b). Pub. L. 94-435, Sec. 104(b), (c), inserted ``or within 
such period exceeding twenty days after service or in excess of such 
return date as may be prescribed in writing, subsequent to service, by 
any antitrust investigator named in the demand,'' after ``whichever 
period is shorter'', substituted ``antitrust investigator'' for 
``custodian'' before ``a petition for an order'', and inserted proviso 
that petitioner should comply with portions of a contested demand which 
are not being challenged.
    Subsec. (c). Pub. L. 94-435, Sec. 104(d), substituted ``or answers 
to interrogatories delivered, or transcripts of oral testimony given'' 
for ``delivered''.
    Subsec. (f). Pub. L. 94-435, Sec. 104(e), added subsec. (f).
                    Effective Date of 1976 Amendment

    Amendment by Pub. L. 94-435 effective Sept. 30, 1976, see section 
106 of Pub. L. 94-435, set out as a note under section 1311 of this 
title.