CFR > Title 43 - Public Lands: Interior > SUBTITLE A—Office of the Secretary of the Interior > PART 2—RECORDS AND TESTIMONY; FREEDOM OF INFORMATION ACT > SUBPART H—Legal Process: Testimony by Employees and Production of Records (§2.80 to §2.90) > 2.83—If I serve a subpoena duces tecum, must I also submit a Touhy request?

2.83—If I serve a subpoena duces tecum, must I also submit a Touhy request?

Yes. If you serve a subpoena for employee testimony, you also must submit a request under United States ex rel. Touhy v. Regan, 340 U.S. 462 (1951)? If you serve a subpoena duces tecum for records in the possession of the Department, you also must submit a Touhy Request.