SUBPOENAS

A subpoena is a court order requiring a person to testify in either a civil or criminal case as a witness. The same considerations exist in this instance as apply in the case of service of process, except for special rules where testimony is required on behalf of the .

United States in criminal and civil actions, or where the witness is a prisoner.

Witness on Behalf of the Federal Government

Where DON interests are involved and departmental personnel are required to testify for the Navy, the Chief of Naval Personnel or Commandant, Marine Corps directs the witness' activity to issue TAD orders. Costs of such orders are borne by that same command. If DON interests are not involved, the Navy is reimbursed by the concerned federal agency.

Witness on Behalf of Accused in Federal Court

When naval personnel are served with a subpoena and the appropriate fees and mileage are tendered, issue no-cost permissive orders unless the public interest would be seriously prejudiced by the member's absence from the command.

Witness on Behalf of Party to Civil Action _or State Criminal Action With No Federal Government Interest

The CO normally grants leave or liberty to the person, provided such absence will not prejudice the best interests of the naval service. If the member is being called as a witness for a nongovernmental party only because of performance of official duties, the CO is authorized to issue the member permissive orders at no expense to the government.

Witness Is a Prisoner

Criminal cases. SECNAV (JAG) must be contacted for permission that normally will be granted. Failure to produce the prisoner as a witness may result in a court order requiring such production.

Civil action. The member cannot be released to appear regardless of whether it is a federal or state court making the request. A deposition may be taken at the place of confinement subject to reasonable conditions and limitations imposed by the prisoner's command.

Pretrial Interviews Concerning Matters Arising Out of Official Duties

Send requests for interviews and/or statements by parties to private litigation to the CO/OIC of the cognizant NLSO or Marine Corps SJA. These interviews are conducted in the presence of an officer designated by the CO/OIC of the NLSO or Marine Corps SJA who assures that no line of inquiry is permitted that may disclose or compromise classified information or otherwise prejudice the security interests of the United States.

Release of Official Information for Litigation Purposes and Testimony by Department of the Navy Personnel

SECNAVINST 5820.8 provides that DON personnel will not provide official information, testimony, or documents; submit to interviews; or permit a view or visit for use in federal courts, state courts, foreign courts, and other governmental proceedings without proper authorization. Additionally, DON personnel will not provide, with or without compensation, opinion or expert testimony concerning DOD information, subjects, personnel, or activities-except on behalf of the United States or a party represented by the Department of Justice-or with written _{special authorization.} The previous instruction outlines determining authorities, the required contents of a proper request by a requester, and consideration in granting or denying a request for official information.

JURY DUTY

Active duty service members are exempted from service on federal juries. Service members are exempt from jury duty when it unreasonably interferes with the performance of their military duties or adversely affects the readiness of a unit, command, or activity. It is the responsibility of COs to make the decision and the decision is final. All personnel assigned to the Operating Forces, in a training status, or stationed outside the United States are exempt from serving on a state or local jury. Service members who serve on state and local juries will not be charged leave or lose any pay entitlements during the period of service. All fees accrued to members for jury service are payable to the U.S. Treasury. Members are entitled to any reimbursement from the state or local jury authority for expenses incurred in the performance of jury duty (such as for transportation, costs of parking fees). COs are responsible for notifying the responsible state or local official of this exemption when a service member is summoned.

SUMMARY

As you can readily see there are many variables involved in processing and preparing documents for the delivery of military personnel to civil authorities when a request has been received from state, federal, territory, or commonwealth authorities. Additionally, you can see where you will be required to be familiar with the procedures required for waiver of extradition and the reports required when delivery is refused. As in all other aspects of your duties as an LN, you should exercise care in preparing those documents required for the delivery of personnel and waivers of extradition. If you are in doubt as to what the proper procedures are for a particular case, you should consult the appropriate sections of the JAGMAN and, if reasonably available, a judge advocate of either the Navy or Marine Corps.