28 C.F.R. § 16.27
Procedure in the event a department decision concerning a demand is not made prior to the time a response to the demand is required
If response to a demand is required before the instructions from the appropriate Department official are received, the responsible official or other Department attorney designated for the purpose shall appear and furnish the court or other authority with a copy of the regulations contained in this subpart and inform the court or other authority that the demand has been or is being, as the case may be, referred for the prompt consideration of the appropriate Department official and shall respectfully request the court or authority to stay the demand pending receipt of the requested instructions.
Notes of Decisions
Cited in 2
cases, 1984–2004 · leading case: United States v. Raymond J. Cadet, Barry Saffaie, Tabassom Ayazi, 727 F.2d 1453 (9th Cir. 1984).
United States v. Raymond J. Cadet, Barry Saffaie, Tabassom Ayazi, 727 F.2d 1453 (9th Cir. 1984). “Finally, a stay of the court’s order was requested pursuant to 28 C.F.R. § 16.27 pending review by the Deputy Attorney General of the United States Attorney’s refusal to comply with the court’s discovery order, as required by 28 C.”
Ferreira v. United States, 350 F. Supp. 2d 550 (S.D.N.Y. 2004). “See 28 C.F.R. § 16.27 (“If response to a demand is required before the instructions from the appropriate Department official are received, the responsible official or other Department attorney designated for the purpose shall appear 'and furnish the court or other authority with…”
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