Subpoenas

A subpoena is a court order requiring a person to testify in either a civil or criminal case as a witness. As an LN, you may be required to be sure military personnel are served properly with subpoenas and they understand when and if they are entitled to reimbursement.

ON BEHALF OF THE FEDERAL GOVERN-MENT.- Where Department of the Navy interests are involved and departmental personnel are required to testify for the Navy, the Bureau of Naval Personnel (BUPERS) or Commandant of the Marine Corps (CMC) will direct the command to which the witness is attached to issue TAD orders. Costs of such orders are borne by the command. In the event Department of the Navy interests are not involved, the Navy will be reimbursed by the concerned federal agency.

ON BEHALF OF THE ACCUSED IN FEDERAL COURT.- When naval personnel are served with a subpoena and appropriate fees and mileage are tendered, COs should issue no-cost permissive orders unless the public interest would be seriously prejudiced by the member's absence from the command. In those cases where fees and mileage are not tendered as required by the Federal Rules of Criminal Procedure, but the person subpoenaed still desires to attend, the CO is authorized to issue ^permissive orders at no cost to the government. The ^individual should be advised that an agreement to

Figure 6-15.-Sample DD Form 453, Subpoena.

reimbursement for any expenses should be effected with the party desiring his or her attendance and that no reimbursement should be expected from the criminal action with no federal government interest, the CO normally

NO FEDERAL GOVERNMENT INTEREST.- In cases where a service member is to be a witness on behalf of a party to civil action or state government.  

Figure 6-16.-Sample DD Form 453-1, Travel Order.

will grant 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.

FLYERS, WORKSHEETS, SEATING CHARTS, FORM FOR QUESTIONS BY COURT MEMBERS

Depending upon your job assignment, you may be required to prepare some or all of these additional pretrial paper work matters. Some are prepared by the court reporter and some by defense or trial paralegals. However, it is essential that you have an understanding of these important pretrial matters.

Flyers

When you type a flyer, list only those charges and specifications that will be before the members. Check with the TC before typing because there might be changes to the charges and specification that you are not aware of. The flyer is prepared from the charge sheet before the initial Article 39(a) session and contains all pending charges and specifications.

The renumbering of specifications that you provide to the members during preliminary instructions or voir dire in partial or mixed plea cases is not required because of the administrative problems and needless confusion that would be created. Instruct the members that they are not to speculate as to why the charges and specifications are numbered as they are. Use two separate flyers-one listing only charges and specifications to be litigated on findings and the other reflecting all the charges and specifications to be presented to the members for sentencing. If, in such circumstance, the DC desires to inform the members of guilty plea specifications, the record will show that the military judge asked for the views of both counsel and that the DC chose to do so for tactical considerations.

If a motion to dismiss or motion for appropriate relief is granted and the charges are amended before the seating of the panel, prepare a new flyer to reflect _{the amended charges.} The panel members will receive only those specifications and charges that the accused is to be tried on. Figure 6-17 shows a sample flyer.