The Vaughn index is a compilation of documents that the government wishes to withhold in a Freedom of Information Act (FOIA) case. Each document in the index is accompanied by a justification from the government as to why it should not be disclosed. The Vaughn index aids the court in determining whether the government has valid grounds for keeping the documents confidential. Additionally, it provides the requester with insight into the government’s reasons for withholding certain documents. The Vaughn index derives its name from the 1973 court case Vaughn v. Reese.
A Vaughn index is a compilation of documents that the government wishes to keep confidential in a Freedom of Information Act (FOIA) lawsuit. Each document is accompanied by a statement justifying the government’s desire for secrecy. The Vaughn index is supported by one or more affidavits and serves three main purposes. Firstly, it compels the government to thoroughly evaluate all the material it intends to keep confidential. Secondly, it assists the court in determining the validity of the government’s reasons for secrecy. Lastly, it provides the individual who requested the information with as much insight as possible into the government’s motives for keeping specific documents confidential. The term “Vaughn index” originates from a 1973 court case called Vaughn v. Reese, which was decided by the United States Court of Appeals for the District of Columbia Circuit. To illustrate, suppose a journalist submits a FOIA request for all emails exchanged between a government official and a lobbyist. In response, the government discloses some emails but withholds others, citing the presence of confidential information that should not be made public. Consequently, the government must create a Vaughn index that lists the withheld emails and provides an explanation for their secrecy. The journalist can then challenge the government’s decision to withhold certain emails by arguing against the validity of the government’s reasons.
A Vaughn Index is a document used in the legal process to identify and describe documents that are being withheld from disclosure, typically in response to a Freedom of Information Act (FOIA) request.
A Vaughn Index is required when a government agency is withholding documents in response to a FOIA request and the requester challenges the withholding in court.
A Vaughn Index typically includes a description of each withheld document, the reason for withholding it, and the legal basis for the withholding.
A Vaughn Index is used by the court to review the government’s withholding of documents and determine whether the withholding is justified under FOIA exemptions.
Yes, a Vaughn Index can be challenged in court if the requester believes that the government has improperly withheld documents.
If a Vaughn Index is not provided when required, the court may order the government to produce the withheld documents or provide a proper explanation for the withholding.
The government agency that is withholding documents is responsible for preparing and submitting the Vaughn Index to the court.
A Vaughn Index is not always required, but it is commonly used when the government is withholding documents and the requester challenges the withholding in court.
The timeline for receiving a Vaughn Index can vary depending on the complexity of the case and the volume of documents being withheld. It is best to consult with legal counsel for specific timelines.
While Vaughn Indexes are most commonly associated with FOIA cases, they can also be used in other types of litigation where document withholding is at issue.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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