Petition Challenging Production or Nondisclosure Order

Foreign Intelligence Surveillance Court Rules of Procedure

Rule: 33

Jurisdiction: US

Bluebook Citation: FISC R. 33

(a) Who May File. The recipient of a production order or nondisclosure order under 50 U.S.C. § 1861 ("petitioner") may file a petition challenging the order pursuant to 50 U.S.C. § 186l(f). A petition may be filed by the petitioner's counsel. (b) Time to File Petition. (1) Challenging a Production Order. The petitioner must file a petition challenging a production order within 20 days after the order has been served. (2) Challenging a Nondisclosure Order. A petitioner may not file a petition challenging a nondisclosure order issued under 50 U.S.C. § 186l(d) earlier than one year after the order was entered. (3) Subsequent Petition Challenging a Nondisclosure Order. If a Judge denies a petition to modify or set aside a nondisclosure order, the petitioner may not file a subsequent petition challenging the same nondisclosure order earlier than one year after the date of the denial.

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