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18. Inapplicability of 28 C.F.R., Section 16.21 et seq. in Certain Cases—Illustrative Examples

  1. An INS employee is subpoenaed as an adverse witness by a plaintiff who accepted that employee's check for personal purchases which later was returned for insufficient funds—no authorization is required because the information requested is unrelated to the individual's employment.

  2. An FBI agent is subpoenaed by an insurance company to testify that he/she saw the plaintiff's vehicle weaving across the road when the agent observed the car during a bank robbery investigation -- authorization to testify is required because the information was acquired as part of his/her official duties.

See generally USAM 1-6.120.

[cited in USAM 1-6.120]