[Code of Federal Regulations]
[Title 32, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR720.22]

[Page 217-218]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 720_DELIVERY OF PERSONNEL; SERVICE OF PROCESS AND SUBPOENAS; 
PRODUCTION OF OFFICIAL RECORDS--Table of Contents
 
        Subpart B_Service of Process and Subpoenas Upon Personnel
 
Sec. 720.22  Members or civilian employees subpoenaed as witnesses in 
Federal courts.

    (a) Witnesses on behalf of Federal Government. When members or 
civilian employees of the Department of the Navy are required to appear 
as witnesses in a Federal Court to testify on behalf of the Federal 
Government in cases involving Department of the Navy activities, the 
Chief of Naval Personnel or the Commandant of the Marine Corps, as 
appropriate, will issue temporary additional duty orders to that person. 
The charges for such orders will be borne by the activity to which the 
required witness is attached. Payment to witnesses will be as provided 
by the Joint Federal Travel Regulations and U.S. Navy travel 
instructions. If the required witness is to appear in a case in which 
the activities of the Department of the Navy are not involved, the 
Department of the Navy will be reimbursed in accordance with the 
procedures outlined in the Navy Comptroller Manual, section 046268.
    (b) Witnesses on behalf of nongovernmental parties--(1) Criminal 
actions. When members or civilian employees are served with a subpoena 
to appear as a witness for a defendant in a criminal action and the fees 
and mileage required by rule 17(d) of the Federal Rules of Criminal 
Procedure are tendered, the commanding officer may

[[Page 218]]

issue the person subpoenaed permissive orders authorizing attendance at 
the trial at no expense to the Government, unless the person's absence 
would have an adverse impact on naval operations. In such a case, a full 
report of the circumstances will be made to the Judge Advocate General 
or, in the case of civilian employees, to the Associate General Counsel 
(Litigation). In those cases where fees and mileage are not tendered as 
required by rule 17(d) of the Federal Rules of Criminal Procedure, but 
the person subpoenaed still desires to attend, the commanding officer 
also may issue permissive orders at no cost to the Government. Such 
persons, however, should be advised that an agreement as to 
reimbursement for any expenses incident to travel, lodging, and 
subsistence should be effected with the party desiring their attendance 
and that no reimnbursement should be expected from the Government.
    (2) Civil actions. When members or civilian employees are served 
with a subpoena to appear as a witness on the behalf of a 
nongovernmental party in a civil action brought in a Federal court, the 
provisions of Sec. 720.20 apply.