Civil Division FOIA

The Civil Division is one of many litigating Components of the Department of Justice. The Civil Division represents the United States, its agencies, and its employees in general civil litigation cases, with the caveat that other Department of Justice Components also litigate civil cases within specialized fields. United States Attorneys’ Offices also handle general civil litigation cases in many instances.

Tip: Requesters that seek records pertaining to particular civil litigation cases should try to identify which Component of the Department of Justice is handling that particular case and direct their request to the proper Component. If FOIA requesters provide a case name, case citation, and court name when submitting a request to the Civil Division, and we determine that the request was submitted to the Civil Division in error, we can route your request to the proper Department of Justice Component.

The Civil Division also defends the Federal Government in suits challenging the constitutionality, lawfulness, or propriety of Presidential initiatives, federal statutes, and Government programs and actions. It initiates litigation to enforce various federal statutes, including The False Claims Act, and the nation's consumer protection and immigration laws. It handles tort claims against the Government, and the defense of federal civilian and military officials sued personally for official actions.

Tip: Requesters who seek state or local records, including local police records or local court records, would need to direct their request to the state or local government that maintains those records.

Consistent with records management schedules and other legal requirements, the Civil Division maintains records relating to cases under its jurisdiction. The Civil Division also maintains records relating to the administration of the Division.

In most instances, no special information is required. A clear, reasonably described, and easy-to-understand description of the records sought would suffice.  If a requester is seeking records pertaining to themself, they would need to provide a Certificate of Identity form.

The Civil Division divides FOIA requests into two, non-expedition tracks. The simple track is for requests that would require a minimal level of effort to complete. The complex track is for all other non-expedited requests, generally requiring processing which would exceed the 20-day statutory time period. Requests that satisfy the statutory and regulatory requirements to be granted expedition are placed into an expedited track.

The Civil Division’s case management system is called Case Information Management System (CIMS).

The Civil Division, as well as other Department of Justice Components, have also posted notices about their systems of records.

For assistance with making FOIA request, please see the Office of Information Policy’s (OIP) FOIA Reference Guide. For information about the withholding of information, including information on FOIA Exemptions and FOIA Exclusions, as well as other FOIA guidance, please see OIP’s Guide to the FOIA, which is updated periodically, as new case law develops. For many more resources, please visit FOIA.gov.

Should you be interested, you may review FOIA’s statutory text and DOJ’s FOIA regulations.