C.F.R. » Title 28 » CHAPTER I—DEPARTMENT OF JUSTICE › PART 15—CERTIFICATIONS, DECERTIFICATIONS, AND NON-DEEMING DETERMINATIONS FOR PURPOSES OF THE FEDERAL TORT CLAIMS ACT › Subpart A—Certification and Decertification in Connection With Certain Suits Based Upon Acts or Omissions of Federal Employees and Other Persons

28 C.F.R. § 15.2

Expeditious delivery of process and pleadings

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Any Federal employee against whom a civil action or proceeding is brought for money damages for loss or damage to property, or personal injury or death, on account of any act or omission in the scope of the employee's office or employment with the Federal Government, shall promptly deliver all process and pleadings served on the employee, or an attested true copy thereof, to the employee's immediate superior or to whomever is designated by the head of the employee's department or agency to receive such papers. In addition, if prior to the employee's receipt of such process or pleadings, the employee receives information regarding the commencement of such a civil action or proceeding, he shall immediately so advise his superior or the designee. If the action is brought against the employee's estate this procedure shall apply to the employee's personal representative. The superior or designee shall provide the United States Attorney for the district embracing the place where the action or proceeding is brought and the responsible Branch Director of the Torts Branch, Civil Division, Department of Justice, information concerning the commencement of such action or proceeding, and copies of all process and pleadings.

(b) Any covered person against whom a civil action or proceeding is brought for money damages for loss or damage to property, or personal injury or death, on account of any act or omission, under circumstances in which Congress has provided by statute that the remedy provided by the Federal Tort Claims Act is made the exclusive remedy, shall promptly deliver to the appropriate Federal agency all process and pleadings served on the covered person, or an attested true copy thereof. In addition, if prior to the covered person's receipt of such process or pleadings, the covered person receives information regarding the commencement of such a civil action or proceeding, he shall immediately so advise the appropriate Federal agency. The appropriate Federal agency shall provide to the United States Attorney for the district embracing the place where the action or proceeding is brought, and the responsible Branch Director of the Torts Branch, Civil Division, Department of Justice, information concerning the commencement of such action or proceeding, and copies of all process and pleadings.

[Order No. 2697-2003, 68 FR 74188, Dec. 23, 2003. Redesignated by Order No. 5968-2024, 89 FR 55517, July 5, 2024]
Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 1978–2026 · leading case: Raizel Blumberger v. Ian Tilley, 115 F. 4th 1113 (9th Cir. 2024).
Sort: Relevance Newest Treatment
Raizel Blumberger v. Ian Tilley, 115 F. 4th 1113 (9th Cir. 2024). “” 28 C.F.R. § 15.2 (b). The person to whom the defendant delivers that process must in turn “promptly furnish copies of the pleading and process therein to the United States attorney for the district embracing the place wherein the proceeding is brought, to the Attorney General,…”
Samuel v. Michaud, 980 F. Supp. 1381 (D. Idaho 1996). “Cohen; lacked authority to advocate defenses on behalf of the United States; submitted fraudulent certifications stating individual federal defendants were acting in the course and scope of their employment; failed to provide documentation required by 28 CFR §§ 15.2 or 50.15;…”
Jones v. Gahn, 246 F. Supp. 2d 622 (S.D. Tex. 2003). “28 C.F.R. § 15.2 . After receiving the Agency’s report, 28 C.”
Veronica Paz Aguilar v. Catherine L. Jacobs (C.D. Cal. 2025). “” 28 C.F.R. § 15.2 (b). The person to whom the defendant delivers that process must in turn “promptly furnish copies of the pleading and process therein to the United States attorney for the district embracing the place wherein the proceeding is brought, to the Attorney General,…”
Browning (E.D. Ky. 2026). “28 C.F.R. §§ 15.2 (a), (b); 28 U.S.C. § 2679 (c).”
Liab. & Ins. Coverage for Gov't Employees Who Use Automobiles in Connection With the Off. Travel of the President & Vice President (OLC 1978). · cites it 2× “Under 28 CFR § 15.2 (a), the agency must provide the U.”
Brasky v. Jermain, 917 F. Supp. 175 (W.D.N.Y. 1996). “See 28 C.F.R. § 15.2 . A. Motion to Substitute the United States as Party Defendant The first issue that must be addressed is whether the language of § 2679(d)(2) mandates that the United States be substituted as defendant after certification, or whether the district court may…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.