§2813 Testimony by Federal Employees

Summary

The Director in charge — either the Director of the Office of Justice Services or the Director of the Indian Health Service — must write yes or no whenever a tribal or State court asks a law enforcement officer, a sexual assault nurse examiner, or another employee they supervise to give documents or to testify in a deposition, trial, or similar criminal case about information learned while doing their job. The court must notify the employee (or the agency if documents are requested) at least 30 days before the date the testimony or documents are to be provided. The Director must approve the request if it does not conflict with the Department’s policy to remain impartial. If the Director does not give a written approval or denial within 30 days after getting notice of the request or subpoena, the request is treated as approved.