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297

Overt Communications with Represented Person—Circumstances Not Covered by the Contact Rule

A Department attorney may communicate directly, or may cause another to communicate, with a represented person concerning the subject matter of the representation in the following circumstances.

  1. The communication is limited to determining whether the person is in fact represented by counsel concerning the subject matter of the investigation or proceeding.

  2. The communication is made pursuant to discovery procedures or judicial or administrative process in accordance with the orders or rules of the court or other tribunal where the matter is pending, including but not limited to testimony before a grand jury or the taking of a deposition, or the service of a grand jury or trial subpoena, summons and complaint, notice of deposition, administrative summons or subpoena, or civil investigative demand.

[updated May 2005]