[Code of Federal Regulations]

[Title 28, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 28CFR16.21]



[Page 279]

 

                    TITLE 28--JUDICIAL ADMINISTRATION

 

                    CHAPTER I--DEPARTMENT OF JUSTICE

 

PART 16_PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION--Table of 

Contents

 

   Subpart B_Production or Disclosure in Federal and State Proceedings

 

Sec. 16.21  Purpose and scope.



    Source: Order No. 919-80, 45 FR 83210, Dec. 18, 1980, unless 

otherwise noted.





    (a) This subpart sets forth procedures to be followed with respect 

to the production or disclosure of any material contained in the files 

of the Department, any information relating to material contained in the 

files of the Department, or any information acquired by any person while 

such person was an employee of the Department as a part of the 

performance of that person's official duties or because of that person's 

official status:

    (1) In all federal and state proceedings in which the United States 

is a party; and

    (2) In all federal and state proceedings in which the United States 

is not a party, including any proceedings in which the Department is 

representing a government employee solely in that employee's individual 

capacity, when a subpoena, order, or other demand (hereinafter 

collectively referred to as a ``demand'') of a court or other authority 

is issued for such material or information.

    (b) For purposes of this subpart, the term employee of the 

Department includes all officers and employees of the United States 

appointed by, or subject to the supervision, jurisdiction, or control of 

the Attorney General of the United States, including U.S. Attorneys, 

U.S. Marshals, U.S. Trustees and members of the staffs of those 

officials.

    (c) Nothing in this subpart is intended to impede the appropriate 

disclosure, in the absence of a demand, of information by Department law 

enforcement agencies to federal, state, local and foreign law 

enforcement, prosecutive, or regulatory agencies.

    (d) This subpart is intended only to provide guidance for the 

internal operations of the Department of Justice, and is not intended 

to, and does not, and may not be relied upon to create any right or 

benefit, substantive or procedural, enforceable at law by a party 

against the United States.