When the FBI Seeks Extradition…®

EXTRADITION TREATY LAW AND PROCEDURE


Admissibility of Testimonial Evidence in Extradition Hearing

Testimonial evidence may be admitted in extradition hearings. In addition, the judicial officer conducting the hearing may issue subpoenas to compel witnesses, presumably from anywhere within the United States, to appear and testify, or produce documents, which the magistrate deems relevant. If the individual sought for extradition is indigent, costs associated with subpoenas will be assessed to the United States. The ability of the judicial officer to subpoena witnesses on behalf of the individual sought for extradition does not extend to the subpoena of witnesses on behalf of the country requesting extradition.