32 C.F.R. § 750.32

Suits under the Federal Tort Claims Act (FTCA)

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(a) Venue. Venue is proper only in the judicial district where the plaintiff resides or where the act or omission complained of occurred. 28 U.S.C. 1402.

(b) Jury trial. There is no right to trial by jury in suits brought under the FTCA. 28 U.S.C. 2402.

(c) Settlement. The Attorney General of the United States, or designee, may arbitrate, compromise, or settle any action filed under the FTCA. 28 U.S.C. 2677.

(d) Litigation support—(1) Who provides. The adjudicating authority holding a claim at the time suit is filed shall be responsible for providing necessary assistance to the Department of Justice official or U.S. Attorney responsible for defending the Government's interests.

(2) Litigation report. A litigation report, including a legal memorandum emphasizing anticipated issues during litigation, shall be furnished to the appropriate Department of Justice official or U.S. Attorney.

(3) Pretrial discovery. Complete and timely responses to discovery requests are vital to the effective defense of tort litigation. Subject to existing personnel and resources available, appropriate assistance shall be provided. The Judge Advocate General should be notified promptly when special problems are encountered in providing the requested assistance.

(4) Preservation of evidence. Tort litigation is often accomplished over an extended period of time. Every effort shall be made to preserve files, documents, and other tangible evidence that may bear on litigation. Destruction of such evidence, even in accordance with routine operating procedures, undermines defense of a case.

Notes of Decisions

Cited in 7 cases (6 in the last 5 years), 2020–2025 · leading case: Moulding v. United States (D. Mass. 2021).

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Moulding v. United States (D. Mass. 2021). “§ 2402 ; 32 C.F.R. § 750.32 . witnesses (Ms. Moulding, Ms.”

Yusuf v. Jones (E.D.N.Y 2020). “5 Moreover, because a jury doesn’t ordinarily determine tort liability against the United States, see 32 C.F.R. § 750.32 , there is minimal risk of undue prejudice to the United States in carrying out a joint trial.”

Hall v. Architect of the Capitol (D.D.C. 2024). “§ 2402 (“any action against the United States under section 1346 shall be tried by the court without a jury”); 32 C.F.R. § 750.32 (“There is no right to trial by jury in suits brought under the FTCA.”

Kabana v. United States (E.D. Va. 2022). “§ 2402 expressly bars jury trials for tort actions brought against the United States;’ see also 32 C.F.R § 750.32 (“There is no right to trial by jury in suits brought under the FTCA.”

Johnson v. Woodward (S.D. Ala. 2024). “32 C.F.R. § 750.32 ; 28 U.S.C. 1402. The allegations of Plaintiff's complaint do not establish that any of these options are satisfied in this case; therefore, venue is improperly laid in the Southern District of Alabama.”

Johnson v. Mossow (S.D. Ala. 2024). “32 C.F.R. § 750.32 ; 28 U.S.C. 1402. The allegations of Plaintiff's complaint do not establish that any of these options are satisfied in this case; therefore, venue is improperly laid in the Southern District of Alabama.”

Rubin v. United States (2d Cir. 2025). “6 FOR THE COURT: 7 CATHERINE O’HAGAN WOLFE, Clerk of Court by the court without a jury”); see also 32 C.F.R. § 750.32 (b). 9”

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