Legal Question in Civil Litigation in Virginia

Statute

Under the Freedom of Information act, what is the statute for a corporation acting Pro Ce??


Asked on 10/29/04, 4:43 pm

2 Answers from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: Statute

If you mean can you file a freedom of information act request, of course. There is nothing special about the format. While there are good and bad examples of FOIA requests, any letter will (theoretically) work. Note that it is essential to call the Federal agency and find the OFFICE that receives FOIA requests for the particular area of the agency that you are interested in. Sometimes each part of the Federal agency will have a different contact person. You must find the right contact person and office by calling around.

Also note that you CANNOT ask questions. You can only ask for documents. The exact wording of the document request can be tricky. You have to ask very carefully.

However, if you mean to litigate a failure of the agency to properly and fully respond to a FOIA request or to litigate a bogus objection that the agency gives for not giving you the information, then a corporation definitely must have a lawyer to go into court. A corporation cannot act pro se in court.

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Answered on 10/29/04, 11:20 pm
Shane Jimison Jimison/Homiller, PLC

Re: Statute

I think you mean pro se- or acting as one's own attorney. I can't put my finger on it, but I believe a corporation must be represented by an attorney and not by pro se. By law, a corporation is nothing more than a fictional entity, its just a name on a piece of paper with employees.

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Answered on 10/29/04, 5:08 pm


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