If I serve a subpoena <em>duces tecum,</em> must I also submit a <em>Touhy</em> request?

  1. Law
  2. CFR 43
  3. Public Lands: Interior
  4. Office of the Secretary of the Interior
  5. Freedom of Information Act; Records and Testimony
  6. Legal Process: Testimony by Employees and Production of Records
  7. Responsibilities of Requesters
  8. If I serve a subpoena <em>duces tecum,</em> must I also submit a <em>Touhy</em> request?

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§ 2.283 If I serve a subpoena duces tecum, must I also submit a Touhy request?

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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