Client agency requests to assert counterclaims in pending defensive litigation, to participate as amicus curiae, or to intervene in on-going state or federal court litigation are authorized in the same manner as affirmative cases. The Civil Division should also be provided the factual and legal basis supporting the cause of action or position the client wishes to assert. Referrals for such litigation must be made as expeditiously as possible, since the federal government's right to participate in on-going litigation will often depend on the status of the underlying case.

[updated April 2018]