5 CFR § 1305.4 - Procedure in the event of an adverse ruling.

---
identifier: "/us/cfr/t5/s1305.4"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 1305.4 - Procedure in the event of an adverse ruling."
title_number: 5
title_name: "Administrative Personnel"
section_number: "1305.4"
section_name: "Procedure in the event of an adverse ruling."
chapter_name: "OFFICE OF MANAGEMENT AND BUDGET"
subchapter_number: "A"
subchapter_name: "ADMINISTRATIVE PROCEDURES"
part_number: "1305"
part_name: "RELEASE OF OFFICIAL INFORMATION, AND TESTIMONY BY OMB PERSONNEL AS WITNESSES, IN LITIGATION"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "31 U.S.C. 502."
regulatory_source: "62 FR 29285, May 30, 1997, unless otherwise noted."
cfr_part: "1305"
---


# 1305.4 Procedure in the event of an adverse ruling.

If the court or other authority declines to stay the effect of the demand in response to a request made in accordance with § 1305.3(c) pending receipt of instructions from the General Counsel, or if the court or other authority rules that the demand must be complied with irrespective of the instructions from the General Counsel not to produce the material or disclose the information sought, the employee or former employee upon whom the demand has been made shall respectfully decline to comply with the demand (United States ex rel. *Touhy* v. *Ragen,* 340 U.S. 462 (1951)).

(Approved by the Office of Management and Budget under control number 0348-0056)