28 U.S.C. § 2507: Calls and discovery

Summary

The Court of Federal Claims can require any federal agency or any party to give non‑privileged papers or information to find facts or to use as evidence. An agency head can refuse if they believe giving the material would harm the public interest. Under the court’s rules, it can use other ways to get relevant facts, documents, or physical items. The court can also use recorded or printed reports from congressional committees.

Title 28, §2507

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

(a)The United States Court of Federal Claims may call upon any department or agency of the United States or upon any party for any information or papers, not privileged, for purposes of discovery or for use as evidence. The head of any department or agency may refuse to comply with a call issued pursuant to this subsection when, in his opinion, compliance will be injurious to the public interest.

(b)Without limitation on account of anything contained in subsection (a) of this section, the court may, in accordance with its rules, provide additional means for the discovery of any relevant facts, books, papers, documents or tangible things, not privileged.

(c)The Court of Federal Claims may use all recorded and printed reports made by the committees of the Senate or House of Representatives.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 272 (Mar. 3, 1911, ch. 231, § 164, 36 Stat. 1140). Words “or agency” were added. (See reviser’s note under section 1345 of this title.) Changes were made in phraseology.

Editorial Notes

Amendments

1992—Subsec. (a). Pub. L. 102–572, § 902(a)(1), substituted “United States Court of Federal Claims” for “United States Claims Court”. Subsec. (c). Pub. L. 102–572, § 902(a)(2), substituted “Court of Federal Claims” for “Claims Court”. 1982—Subsec. (a). Pub. L. 97–164, § 139(f)(1), substituted “United States Claims Court” for “Court of Claims”. Subsec. (c). Pub. L. 97–164, § 139(f)(2), substituted “Claims Court” for “Court of Claims”. 1954—Act Sept. 3, 1954, substituted “Calls and discovery” for “Calls on departments for information” in section catchline, designated existing provisions as subsec. (a), and added subsecs. (b) and (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 1992 AmendmentAmendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.

Effective Date

of 1982 AmendmentAmendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.

§2507 Calls and Discovery

Summary

Title 28, §2507

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata