1. LawStack
  2. Title 43 - Public Lands: Interior
  3. Subtitle A - OFFICE OF THE SECRETARY OF THE INTERIOR
  4. Part 2 - FREEDOM OF INFORMATION ACT; RECORDS AND TESTIMONY
  5. Subpart L - Legal Process: Testimony by Employees and Production of Records
  6. Topic - Responsibilities of Requesters
  7. 43 CFR § 2.283
43 CFR § 2.283
If I serve a subpoena duces tecum, must I also submit a Touhy request?
June 11, 2020
CFR

Yes. If you serve a subpoena for employee testimony, you also must submit a request under United States ex rel. Touhy v. Regan, 340 U.S. 462 (1951)? If you serve a subpoena duces tecum for records in the possession of the Department, you also must submit a Touhy Request.

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§ 2.282 How can I obtain employee testimony or Department records?
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§ 2.284 What information must I put in my Touhy Request?

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