[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

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

[CITE: 45CFR1201.10]



[Page 10]

 

                        TITLE 45--PUBLIC WELFARE

 

       CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

 

PART 1201_PRODUCTION OR DISCLOSURE OF OFFICIAL INFORMATION IN RESPONSE 

TO COURT ORDERS, SUBPOENAS, NOTICES OF DEPOSITIONS, REQUESTS FOR ADMISSIONS, 

INTERROGATORIES, OR IN CONNECTION WITH FEDERAL OR STATE LITIGATION

--Table of Contents

 

Sec. 1201.10  Prohibition on providing expert or opinion testimony.



    (a) Except as provided in this section, Corporation Employees shall 

not provide opinion or expert testimony based upon information that they 

acquired in the scope and performance of their official Corporation 

duties, except on behalf of the United States or a party represented by 

the Department of Justice.

    (b) Upon a showing by the requester of exceptional need or unique 

circumstances and that the anticipated testimony will not be adverse to 

the interests of the United States, the General Counsel, in the exercise 

of discretion, may grant special, written authorization for Corporation 

Employees to appear and testify as expert witnesses at no expense to the 

United States.

    (c) If, despite the final determination of the General Counsel, a 

court of competent jurisdiction or other appropriate authority orders 

the appearance and expert or opinion testimony of a Corporation Employee 

such individual shall immediately inform the General Counsel of such 

order. If the General Counsel determines that no further legal review of 

or challenge to the court's order will be made, the Corporation Employee 

shall comply with the order. If so directed by the General Counsel, 

however, the individual shall respectfully decline to testify.