Can a FOIA requester go to court before the completion of the administrative process?
 
 

Yes, under some circumstances. Although the general rule of administrative law is that all administrative remedies must be fully exhausted before one can sue, the FOIA provides an exception. Under 5 U.S.C. §552(a)(6)(C), a FOIA requester is "deemed to have exhausted his administrative remedies" when an agency fails to meet the statutory time limits. Thus, when an agency does not respond to a FOIA request within 10 working days*, the requester can seek immediate judicial review. See, e.g., Jenks v. United States Marshals Service, 514 F. Supp. 1383, 1384-87 (S.D. Ohio 1981); Information Acquisition Corp.v. Department of Justice, 444 F. Supp. 458, 462 (D.D.C. 1978).This is so even where the agency responds before the filing of a suit. See Martinez v. FBI, 3 GDS ¶83,005 (D.D.C. 1982).
 
 

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FOIA Update , Vol. IV, No. 1

*currently 20 working days, see E-FOIA Amendments of 1996
 

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