Code of Federal Regulations (Last Updated: October 10, 2024) |
Title 36 - Parks, Forests, and Public Property |
Chapter XII - National Archives and Records Administration |
SubChapter C - Public Availability and Use |
Part 1251 - Testimony by NARA Employees Relating to Agency Information and Production of Records in Legal Proceedings |
§ 1251.8 - Who is authorized to accept service of a subpoena demanding the production of records or testimony?
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§ 1251.8 Who is authorized to accept service of a subpoena demanding the production of records or testimony?
(a) Demands for testimony, except those involving an employee of NARA's Office of the Inspector General, must be addressed to, and served on, the General Counsel, National Archives and Records Administration, Suite 3110, 8601 Adelphi Road, College Park, MD 20740-6001.
(b) Demands for the testimony of an employee of NARA's Office of the Inspector General must be addressed to, and served on, the Inspector General, National Archives and Records Administration, Suite 1300, 8601 Adelphi Road, College Park, MD 20740-6001.
(c) Demands for the production of NARA operational records, except those of the Office of the Inspector General, must be addressed to, and served on, the General Counsel.
(d) Demands for records of the Inspector General must be addressed to, and served on, the Inspector General.
(e) Demands for the production of records stored in a Federal Records Center (FRC), including the National Personnel Records Center, must be addressed to, and served on, the director of the FRC where the records are stored. NARA honors the demand to the extent required by law, if the agency having legal title to the records has not imposed any restrictions. If the agency has imposed restrictions, NARA notifies the authority issuing the demand that NARA abides by the agency-imposed restrictions and refers the authority to the agency for further action.
(f) Demands for the production of materials designated as Federal archival records, Presidential records or donated historical materials administered by NARA must be addressed to, and served on either: the Assistant Archivist for Records Services - Washington, DC (for records located in Headquarters); Director of Archival Operations (for records located in the regions); or the appropriate Presidential Library Director.
(g) For matters in which the United States is a party, the Department of Justice should contact the General Counsel instead of submitting a demand for records or testimony on its own or another agency's behalf.
(h) The demanding party is responsible for complying with all service requirements, including any additional requirements contained in the Federal Rules of Civil Procedure or other statutory or regulatory authority.
(i) Contact information for each NARA facility may be found at 36 CFR part 1253.