[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: 45CFR1201.4]



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                        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. 1201.4  Service of subpoenas, court orders, and other demands or 

requests for official information or action.



    (a) Except in cases in which the Corporation is represented by legal 

counsel who have entered an appearance or otherwise given notice of 

their representation, only the General Counsel is authorized to receive 

and accept subpoenas, or other demands or requests directed to any 

component of the Corporation or Corporation Employees, whether civil or 

criminal in nature, for:

    (1) Material, including documents, contained in the files of the 

Corporation;

    (2) Information, including testimony, affidavits, declarations, 

admissions, response to interrogatories, or informal statements, 

relating to material contained in the files of the Corporation or which 

any Corporation employee acquired in the course and scope of the 

performance of official duties;

    (3) Garnishment or attachment of compensation of Corporation 

Employees; or

    (4) The performance or non-performance of any official Corporation 

duty.

    (b) In the event that any subpoena, demand, or request is sought to 

be delivered to a Corporation Employee other than in the manner 

prescribed in paragraph (a) of this section, such attempted service 

shall be ineffective. Such Corporation Employee shall, after 

consultation with the General Counsel, decline to accept the subpoena, 

and demand or request the return of it under cover of a written 

communication referring to the procedures prescribed in this part.

    (c) Except as otherwise provided in this part, the Corporation is 

not an agent for service or otherwise authorized to accept on behalf of 

Corporation Employees any subpoenas, show-cause orders, or similar 

compulsory process of federal or state courts, or requests from private 

individuals or attorneys, which are not related to the employees' 

official duties except upon the express, written authorization of the 

individual Corporation Employee to whom such demand or request is 

directed.

    (d) Acceptance of such documents by the General Counsel does not 

constitute a waiver of any defenses that might otherwise exist with 

respect to service under the Federal Rules of Civil or Criminal 

Procedure at 28 U.S.C. Appendix, Rules 4-6 or 18 USC Appendix or other 

applicable rules.



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