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JURISDICTION: FEDERAL

This template applies to United States District Courts and Circuit Courts of Appeals governed by FRCP, FRAP, and Federal Rules of Evidence.

FREEDOM OF INFORMATION ACT (FOIA) REQUEST

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Preparation Steps

Before filing FOIA request:

1. Check if records already public - Agency FOIA reading room, Federal Register, regulations.gov, data.gov
2. Identify correct agency - Which agency created/maintains the records?
3. Be specific - Dates, subject matter, parties, document types, file/case numbers
4. Make informal request first - Email or call agency; may get records faster and free
5. Check agency FOIA page - Many have online portals, specific forms, or procedures
6. Consider fee category - News media/educational requesters get better fee treatment
7. Narrow scope if needed - Broader requests take longer and cost more

Document everything: Keep copies of request, tracking numbers, agency responses for appeal.

FOIA REQUEST FOR RECORDS

Pursuant to the Freedom of Information Act, 5 U.S.C. §552, I request access to and copies of the following records:

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I. RECORDS REQUESTED

Category 1: {{Description}}

{{Detailed description of records sought - be specific about:

• Type of record (emails, memoranda, reports, databases, etc.)
• Date range (e.g., "from January 1, 2020 to December 31, 2024")
• Subject matter (e.g., "regarding Contract No. XYZ-2024-001")
• Parties involved (e.g., "communications between [Person A] and [Person B]")
• Any identifying numbers (case numbers, contract numbers, file numbers)}}

Example: All emails, memoranda, and correspondence between {{Agency Official}} and {{Other Party}} dated from {{start date}} to {{end date}}, regarding {{subject matter}}, including all attachments.

Category 2: {{Description}}

{{Additional category if requesting multiple types of records}}

Category 3: {{Description}}

{{Continue as needed}}

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II. PURPOSE OF REQUEST

Note: While not required under FOIA, explaining your purpose may help the agency process your request efficiently.

• Commercial use: {{Explain - triggers different fee structure}}
• News media: I am a representative of the news media and request a fee waiver (documentation attached).
• Educational/Scientific research: I am affiliated with an educational or non-commercial scientific institution (documentation attached).
• Public interest: The records concern operations or activities of the government and are likely to contribute significantly to public understanding.
• Personal: The records pertain to me personally.
• Legal proceeding: The records are needed for {{case name and number}}.

{{Brief explanation of purpose - 2-3 sentences}}

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III. FEE WAIVER REQUEST

Pursuant to 5 U.S.C. §552(a)(4)(A)(iii), I request a waiver of all fees because disclosure of the requested information is in the public interest and is likely to contribute significantly to public understanding of the operations or activities of the government.

Justification for Fee Waiver:

1. Subject concerns government operations: The requested records concern {{specific agency operations, policies, or activities}}.

2. Disclosure is meaningfully informative: The records will reveal {{specific information about government operations not currently in the public domain}}.

3. Disclosure contributes to public understanding: I will {{disseminate information / use in legal proceedings / publish findings / other public benefit}}.

4. Public interest outweighs commercial interest: {{Explain lack of commercial interest or how public interest predominates}}.

OR

I understand that fees may apply. I am willing to pay fees up to ${{amount}}. Please notify me if estimated fees exceed this amount before processing the request.

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IV. FEE CATEGORY DESIGNATION

I request that this FOIA request be processed under the following fee category (5 U.S.C. §552(a)(4)(A)):

• Commercial use requester - Fees for search, review, and duplication
• Educational/Scientific institution - Duplication fees only (first 100 pages free)
• News media representative - Duplication fees only (first 100 pages free)
• All other requesters - Search and duplication fees (first 2 hours search + first 100 pages free)

{{If claiming news media or educational status, attach documentation}}

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V. FORMAT PREFERENCE

Pursuant to 5 U.S.C. §552(a)(3)(B), I request that responsive records be produced in the following format:

• Electronic format (preferred): PDF via email to {{your email}}
• Electronic format: Native format (Excel, Word, etc.) via email
• Paper copies mailed to address above
• CD-ROM/USB mailed to address above

Note: Electronic production is strongly preferred to reduce costs and expedite processing.

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VI. EXPEDITED PROCESSING REQUEST

Note: Expedited processing is available in limited circumstances under 5 U.S.C. §552(a)(6)(E).

I request expedited processing because:

• Urgency to inform the public: There is an urgency to inform the public concerning actual or alleged Federal Government activity (news media requesters).
• Imminent threat to life or safety: There is an imminent threat to the life or physical safety of an individual.
• Loss of substantial due process rights: Delay would result in loss of substantial due process rights in pending legal proceedings.
• Other compelling need: {{Explain agency-specific expedited processing criteria}}

Justification:

{{Detailed explanation of why expedited processing is warranted - must show "compelling need"}}

I certify that this justification for expedited processing is true and correct to the best of my knowledge and belief.

OR

• Normal processing: I do not request expedited processing.

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VII. SCOPE LIMITATIONS TO REDUCE FEES

To minimize fees and facilitate processing, I agree to the following limitations:

• Date range limited to: {{start date}} to {{end date}}
• Exclude voluminous materials: Please exclude {{type of records - e.g., "routine administrative correspondence"}} and focus on {{substantive records}}.
• Sample instead of all records: If responsive records exceed {{X}} pages, please contact me to discuss narrowing the request or providing a representative sample.
• Rolling production: If some records can be produced quickly while others require more time, please provide responsive records on a rolling basis.

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VIII. CONTACT INFORMATION AND DELIVERY

Primary Contact: {{Your Name}} {{Email}} {{Phone}}

Mailing Address (if paper production requested): {{Street Address}} {{City, State ZIP}}

Preferred method of contact: {{Email / Phone / Mail}}

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IX. STATUTORY REQUIREMENTS ACKNOWLEDGMENT

I acknowledge:

1. 20-day response deadline: The agency must respond within 20 business days of receipt (5 U.S.C. §552(a)(6)(A)(i)).

2. Extensions: The agency may extend the response deadline by up to 10 business days in "unusual circumstances" with written notice (5 U.S.C. §552(a)(6)(B)).

3. Administrative appeal rights: I may appeal any adverse determination (denial, excessive fees, inadequate search) to the agency head within 90 days (5 U.S.C. §552(a)(6)(A)(i)).

4. Judicial review: I may seek judicial review in federal district court if the agency fails to comply with statutory deadlines or wrongfully denies access (5 U.S.C. §552(a)(4)(B)).

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X. CERTIFICATION

I certify under penalty of perjury that:

1. The information provided in this FOIA request is true and correct to the best of my knowledge.

2. {{If claiming fee waiver:}} I meet the criteria for fee waiver set forth above and the requested records will be used for the stated public interest purpose.

3. {{If claiming news media/educational status:}} I am a representative of {{news organization / educational institution}} as demonstrated by the attached documentation.

4. {{If claiming expedited processing:}} The justification for expedited processing is true and correct and demonstrates a compelling need.

Executed on {{Date}}.

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{{Your Signature}} {{Your Name}}

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REQUIRED AGENCY RESPONSE

Pursuant to 5 U.S.C. §552(a)(6), the agency must:

1. Acknowledge receipt of this request within 20 business days.

2. Determine whether to grant or deny the request within 20 business days (subject to 10-day extension for unusual circumstances).

3. State reasons for any denial and identify the FOIA exemption(s) claimed (5 U.S.C. §552(a)(6)(A)(i)).

4. Inform requester of appeal rights if request is denied in whole or in part (5 U.S.C. §552(a)(6)(A)(i)).

5. Provide estimate of fees if they will exceed requester's stated willingness to pay.

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FOLLOW-UP PROCEDURES

If no response within 20 business days:

1. Send follow-up inquiry to FOIA Officer and agency FOIA Public Liaison.
2. File administrative appeal for "constructive denial" due to agency's failure to respond.
3. Consider filing complaint in federal district court under 5 U.S.C. §552(a)(4)(B).

If request denied:

1. File administrative appeal to agency head within 90 days.
2. Cite specific statutory basis for access and challenge claimed exemptions.
3. If appeal denied, seek judicial review in federal district court.

If inadequate search:

1. Request more detailed explanation of search methods and locations searched.
2. Identify additional locations or search terms that should be included.
3. File administrative appeal if agency refuses to conduct adequate search.

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ATTACHMENTS (If Applicable)

• Documentation of news media status: {{Press credentials, recent publication, editorial employment}}
• Documentation of educational/scientific affiliation: {{Institutional letterhead, faculty appointment, research grant}}
• Prior correspondence with agency: {{If this is a follow-up or clarification}}
• Sample records: {{If requesting similar records to previously released materials}}

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Authorities Cited:

• 5 U.S.C. §552 - Freedom of Information Act
• 5 U.S.C. §552(a)(3)(B) - Format of disclosure
• 5 U.S.C. §552(a)(4)(A) - Fees
• 5 U.S.C. §552(a)(6)(E) - Expedited processing
• {{Agency-specific FOIA regulations - e.g., "28 C.F.R. Part 16 (DOJ FOIA regulations)"}}

Agency-Specific Resources:

• Agency FOIA website: {{Insert agency FOIA portal URL}}
• FOIA Reference Guide: {{Insert link if available}}
• Agency FOIA Requester Service Center: {{Phone and email}}
• Agency FOIA Public Liaison: {{Name and contact if known}}

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Template Notes:

• Adapt this template to specific agency FOIA regulations and procedures.
• Many agencies have online FOIA portals - check agency website before mailing paper request.
• Some agencies require use of specific forms - check agency FOIA page.
• For privacy requests (records about yourself), you may need to provide identity verification.
• Preserve all correspondence for potential administrative appeal or litigation.