Title 25IndiansRelease 119-73

§2813 Testimony by Federal employees

Title 25 › Chapter CHAPTER 30— - INDIAN LAW ENFORCEMENT REFORM › § 2813

Last updated Apr 6, 2026|Official source

Summary

Federal supervisors must write down and approve or deny any tribal or State court request or subpoena for certain federal workers to give testimony or hand over documents in a criminal case. The workers covered include law enforcement officers, sexual assault nurse examiners, and other employees under those supervisors, and the request must be about information they got while doing their official jobs. The court must give the employee or the agency at least 30 days’ notice before the date for testimony or document release. The “Director concerned” means either the Director of the Office of Justice Services or the Director of the Indian Health Service, depending on who supervises the worker. That Director must approve a request if it does not conflict with the Department’s rule to stay impartial. If the Director does not approve or deny the request within 30 days after getting the notice, the request is treated as approved.

Full Legal Text

Title 25, §2813

Indians — Source: USLM XML via OLRC

(a)(1)The Director of the Office of Justice Services or the Director of the Indian Health Service, as appropriate (referred to in this section as the “Director concerned”), shall approve or disapprove, in writing, any request or subpoena from a tribal or State court for a law enforcement officer, sexual assault nurse examiner, or other employee under the supervision of the Director concerned to provide documents or testimony in a deposition, trial, or other similar criminal proceeding regarding information obtained in carrying out the official duties of the employee.
(2)The court issuing a subpoena under paragraph (1) shall provide to the appropriate Federal employee (or agency in the case of a document request) notice regarding the request to provide testimony (or release a document) by not less than 30 days before the date on which the testimony will be provided.
(b)(1)The Director concerned shall approve a request or subpoena under subsection (a) if the request or subpoena does not violate the policy of the Department to maintain impartiality.
(2)If the Director concerned fails to approve or disapprove a request or subpoena for testimony or release of a document by the date that is 30 days after the date of receipt of notice of the request or subpoena, the request or subpoena shall be considered to be approved for purposes of this section.

Reference

Citations & Metadata

Citation

25 U.S.C. § 2813

Title 25Indians

Last Updated

Apr 6, 2026

Release point: 119-73