(a) An individual is not entitled to access information that is compiled in reasonable anticipation of a civil action or proceeding.
(b) The term “civil action or proceeding” is intended to include court proceedings, preliminary judicial steps, and quasi-judicial administrative hearings or proceedings (i.e., adversarial proceedings that are subject to rules of evidence).
(c) Any information prepared in anticipation of such actions or proceedings, to include information prepared to advise the DoD Component officials of the possible legal or other consequences of a given course of action, is protected.
(d) The exemption is similar to the attorney work-product privilege except that it applies even when the information is prepared by nonattorneys.
(e) The exemption does not apply to information compiled in anticipation of criminal actions or proceedings.
Title 32 published on 2014-07-01
The following are only the Rules published in the Federal Register after the published date of Title 32.
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This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.