Requirements for a request of records or testimony.

CFR · 2024-01-01 · US · Title 12

(a) (2) (3) (i) The OCC generally will require that the lawsuit or administrative action has been filed before it will consider the request; (ii) The request must include: (A) A copy of the complaint or other pleading setting forth the assertions in the case; (B) The caption and docket number of the case; (C) The name, address, and phone number of counsel to each party in the case; and (D) A description of any prior judicial decisions or pending motions in the case that may bear on the asserted relevance of the requested information; (iii) The request must also: (A) Show that the information is relevant to the purpose for which it is sought; (B) Show that other evidence reasonably suited to the requester's needs is not available from any other source; (C) Show that the need for the information outweighs the public interest considerations in maintaining the confidentiality of the OCC information and outweighs the burden on the OCC to produce the information; (D) Explain how the issues in the case and the status of the case warrant that the OCC allow disclosure; and (E) Identify any other issue that may bear on the question of waiver of privilege by the OCC. (b) (c) (i) Must show a compelling need for the requested information; and (ii) Should request OCC testimony with sufficient time to obtain the testimony in deposition form. (2)

official document · source cfr-2024 · id 12:§ 4.33