5 CFR § 2608.210 - Procedure in the event of an adverse ruling.
---
identifier: "/us/cfr/t5/s2608.210"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 2608.210 - Procedure in the event of an adverse ruling."
title_number: 5
title_name: "Administrative Personnel"
section_number: "2608.210"
section_name: "Procedure in the event of an adverse ruling."
chapter_name: "OFFICE OF GOVERNMENT ETHICS"
subchapter_number: "A"
subchapter_name: "ORGANIZATION AND PROCEDURES"
part_number: "2608"
part_name: "TESTIMONY BY OGE EMPLOYEES RELATING TO OFFICIAL INFORMATION AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. App. (Sec. 401, Ethics in Government Act of 1978); 31 U.S.C. 9701; 44 U.S.C. 3101-3107, 3301-3303a, 3308-3314."
regulatory_source: "67 FR 35710, May 21, 2002, unless otherwise noted."
cfr_part: "2608"
---
# 2608.210 Procedure in the event of an adverse ruling.
If the court or other competent authority fails to stay the demand or request, the employee upon whom the demand or request is made, unless otherwise advised by the General Counsel, will appear at the stated time and place, produce a copy of this part, state that the employee has been advised by counsel not to provide the requested testimony or produce documents, and respectfully decline to comply with the demand or request, citing *United States ex rel. Touhy* v. *Ragen,* 340 U.S. 462 (1951). A written response may be offered to a request, or to a demand, if permitted by the court or other competent authority.