[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: 28CFR16.28]



[Page 283]

 

                    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. 16.28  Procedure in the event of an adverse ruling.



    If the court or other authority declines to stay the effect of the 

demand in response to a request made in accordance with Sec. 16.27 of 

this chapter pending receipt of instructions, or if the court or other 

authority rules that the demand must be complied with irrespective of 

instructions rendered in accordance with Sec. Sec. 16.24 and 16.25 of 

this part not to produce the material or disclose the information 

sought, the employee or former employee upon whom the demand has been 

made shall, if so directed by the responsible Department official, 

respectfully decline to comply with the demand. See United States ex 

rel. Touhy v. Ragen, 340 U.S. 462 (1951).