Touhy Requests: Understanding the Process
When seeking information or testimony from federal agencies or their employees, individuals often encounter the term "Touhy request." This process is governed by specific regulations and is distinct from other legal mechanisms such as subpoenas or FOIA requests.
Background of Touhy Requests
What does touhy mean?
The term "Touhy request" originates from the Supreme Court case United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951). In this case, the Court held that federal agencies could establish their own procedures for responding to subpoenas and demands for information, provided these procedures are consistent with applicable statutes. As a result, most federal agencies have promulgated regulations—often referred to as "Touhy regulations"—that set forth the process for requesting agency records or testimony from agency employees in legal proceedings.
How Touhy Requests Work
When a party seeks documents or testimony from a federal agency or its employees, they must comply with the agency's Touhy regulations. These regulations typically require a written request detailing the information sought, the relevance to the legal proceeding, and the reason why the information cannot be obtained elsewhere. The agency then reviews the request and decides whether to grant or deny it, often considering factors such as confidentiality, privilege, and the agency's interests.
Common Misconceptions
Is a touhy request a subpoena?
A Touhy request is not the same as a subpoena. While a subpoena is a legal order compelling someone to provide testimony or documents, a Touhy request is an administrative process required by federal agencies before they will respond to subpoenas or other demands for information. In many cases, even if a subpoena is issued, the agency will not comply unless the Touhy process has been followed and approval has been granted.
What is the difference between Touhy and FOIA?
FOIA (Freedom of Information Act) is a statute that allows the public to request access to federal agency records for any purpose, subject to certain exemptions. A Touhy request, on the other hand, is specifically for obtaining agency information or testimony for use in legal proceedings. While both processes involve requesting information from federal agencies, they serve different purposes and follow different procedures.
Touhy Regulations
What are the Toohey regulations?
Touhy regulations are the internal rules established by federal agencies to govern how they respond to requests for testimony or documents in legal proceedings. These regulations outline the procedures for submitting a request, the criteria the agency will consider, and the circumstances under which the agency may deny the request. Each agency's Touhy regulations may vary, so it is important to consult the specific agency's rules before submitting a request.
Conclusion
Understanding the Touhy process is essential for anyone seeking information or testimony from federal agencies in the context of litigation. By following the appropriate procedures and being aware of the distinctions between Touhy requests, subpoenas, and FOIA requests, parties can increase their chances of obtaining the information they need.
