FSO Civil Procedure & Litigation 2

Question 1

A cleared contractor receives a civil subpoena demanding documents that include classified material. What should the FSO do first?

Accepted Answer

Notify company counsel and the CSA/GCA before releasing anything

Answer

Classified information cannot be released in litigation without government authorization, so counsel and the CSA must be involved first.

Question 2

What is the main purpose of a litigation hold?

Accepted Answer

To preserve potentially relevant records by suspending routine destruction

Answer

A litigation hold requires preservation of potentially relevant documents once litigation is reasonably anticipated.

Question 3

Who may properly assert the state secrets privilege in a civil case?

Accepted Answer

The federal government, through a formal claim by the responsible agency head

Answer

Under United States v. Reynolds, the government asserts the privilege through a formal claim by the head of the department.

Question 4

Touhy regulations primarily govern which situation?

Accepted Answer

Federal employee testimony or document production in litigation where the US is not a party

Answer

Touhy regulations let agencies control employee testimony and records requested in proceedings involving others.

Question 5

What does a protective order do in civil discovery?

Accepted Answer

Limits use and disclosure of sensitive material exchanged in discovery

Answer

Protective orders restrict who may see confidential discovery material and how it is used.

FSO - Facility Security Officer Certification Practice Test