Subpoenas
Federal agency or agents
Federal agencies will general ignore state subpoenas unless Touhy regulations are complied with. United States ex rel. Touhy v. Ragen (1951) 340 U.S. 462, held that federal agencies may create regulations regarding subpoenas. So each federal agency has their own regulations.
United States Department of Justice
28 CFR 16.21
Drug Enforcement Agency
28 CFR 0.103
Department of Homeland Security, including ICE and CBP
6 CFR 5.41–5.45
DHS is served only through Office of General Counsel at the following address:
Office of the General Counsel
United States Department of Homeland Security
Washington, DC, 20258
DHS officials will refuse any service not through the Office of General Counsel.
DHS will specifically accept subpoenas for:
- Material, including documents, contained in the files of the Department;
- Information, including testimony, affidavits, declarations, admissions, responses to interrogatories, or informal statements, relating to material contained in the files of the Department or which any Department employee acquired in the course and scope of the performance of his official duties
DHS requires in writing, and with as much specificity as possible, the nature and relevance of the official information sought.
(a) If official information is sought, through testimony or otherwise, by a request or demand, the party seeking such release or testimony must (except as otherwise required by federal law or authorized by the Office of the General Counsel) set forth Where documents or other materials are sought, the party should provide a description using the types of identifying information suggested in § 5.3(b). Subject to § 5.47, Department employees may only produce, disclose, release, comment upon, or testify concerning those matters which were specified in writing and properly approved by the appropriate Department official designated in § 5.44. See United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951). The Office of the General Counsel may waive the requirement of this subsection in appropriate circumstances. (b) To the extent it deems necessary or appropriate, the Department may also require from the party seeking such testimony or documents a plan of all reasonably foreseeable demands, including but not limited to the names of all employees and former employees from whom discovery will be sought, areas of inquiry, expected duration of proceedings requiring oral testimony, and identification of potentially relevant documents.
Treasury
26 CFR 301.9000
Department of Interior
43 CFR 2.880
Health and Human Services
45 CFR 2.1 to 2.6.
United States Postal Service
39 CFR 265.13