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Federal Employees Cannot Be Subpoenaed for Private Litigation

The district court did not abuse its discretion in quashing a deposition subpoena for a Fish and Wildlife Service biologist, consistently with the FWS's policy of not letting its biologists testify in private litigation, since they were already overworked and the policy "ensures that staff biologists are able to give their best scientific opinion on an issue without concern that they may have to testify in litigation." (928) See: Defenders of Wildlife v. Bernal, 204 F.3d 920 (9th Cir. 2000).

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Related legal case

Defenders of Wildlife v. Bernal