C.F.R. » Title 32 » CHAPTER I—OFFICE OF THE SECRETARY OF DEFENSE › SUBCHAPTER D—PERSONNEL, MILITARY AND CIVILIAN › PART 97—RELEASE OF OFFICIAL INFORMATION IN LITIGATION AND PRESENTATION OF WITNESS TESTIMONY BY DOD PERSONNEL (TOUHY REGULATION)

32 C.F.R. § 97.4

Policy

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The DoD generally should make official information reasonably available for use in Federal, State, and foreign courts and other adjudicative bodies if the information is not classified, privileged, or otherwise protected from public disclosure.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2017–2025 · leading case: Agility Pub. Warehousing Co. K.S.C.P. v. U.S. Dep't of Def., 246 F. Supp. 3d 34 (D.D.C. 2017).
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Agility Pub. Warehousing Co. K.S.C.P. v. U.S. Dep't of Def., 246 F. Supp. 3d 34 (D.D.C. 2017). “of factors” in granting or denying a Touhy request: (1) whether the request is unduly burdensome or inappropriate under the applicable court rules; (2) whether disclosure is appropriate under the rules of procedure governing the case in which the request arose; (3) whether the…”
Schmitz (D.S.C. 2025). “See 32 C.F.R. § 97.4 (“The [DoD] generally should make official information reasonably available for use in Federal, State, and foreign courts and other adjudicative bodies if the information is not classified, privileged, or otherwise protected from public disclosure.”
Schmitz (D.S.C. 2025). “See 32 C.F.R. § 97.4 (“The [DoD] generally should make official information reasonably available for use in Federal, State, and foreign courts and other adjudicative bodies if the information is not classified, privileged, or otherwise protected from public disclosure.”
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