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Prisoner Request
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Witness on Behalf of the Federal Government - 14135_296
request is to be honored. Within that period of time the governor of the state may disapprove the request, either on his or her own motion or upon the prisoner’s request.  If  the  governor  disapproves  the  request,  the requesting command should coordinate any further action  with  the  Office  of  the  Judge  Advocate  General (Litigation Division). RESPONSIBILITIES The  responsible  command  must  make  sure  the responsibilities of a receiving jurisdiction shown in Section 2, Article IV, of the Detainers Act, are dis- charged. In particular, the Detainers Act requires that the receiving state: . begins the prisoner’s trial within 120 days of the prisoner’s arrival, unless the court for good cause shown during an Article 39(a) session grants a continuance that is necessary or reasonable to promote the ends of jus- tice. l  holds  the  prisoner  in  a  suitable  jail  or  other facility regularly used for persons awaiting prosecution, except  for  the  period  during  which  the  prisoner  attends court or travels to or from any place that his or her presence  may  be  required. l returns the prisoner to the state at the earliest practical time, but not before the charges that underlie the  request  have  been  resolved  (premature  returning  of the prisoner will result in the dismissal of the charges). . pays all costs of transporting, caring for, keep- ing, and returning the prisoner to the state, unless the command and the state should otherwise agree on some other allocation of the costs or responsibilities. SERVICE OF PROCESS AND SUBPOENAS UPON PERSONNEL Afloat  and  ashore  COs  may  permit  service  of process of federal or state courts upon service mem- bers, civilian employees, dependents, or contractors residing at or located on a naval installation, if located within  their  commands.  Service  is  not  to  be  made within the command without the CO’s consent. The intent of this provision is to protect against interfer- ence with mission accomplishment and to preserve good  order  and  discipline,  while  not  unnecessarily impeding  the  court’s  work. SERVICE OF PROCESS Service of process is generally defined as estab- lishing the court’s jurisdiction over a person by the handing of a court order to a person advising him or her of the subject of the litigation and ordering this person  to  appear  or  answer  the  plaintiff’s  allegations within a specified period or else be in default. When properly  served,  the  process  will  make  this  person subject to the jurisdiction of a civil court. Overseas A  service  member’s  amenability  to  service  of  pro- cess  issued  by  a  foreign  court  depends  on  intern- ational agreements (such as the North Atlantic Treaty Organization  Status  of  Forces  Agreement  [NATO SOFA]).  Where  there  is  no  agreement,  guidance should  be  sought  from  a  local  judge  advocate  or OJAG. Within the United States Within  the  jurisdiction.  Where  the  member  is within the jurisdiction of the court issuing the process, the CO will permit the service except in unusual cases where he or she concludes that compliance with the mandate  of  the  process  would  seriously  prejudice  the public interest. Personnel serving on a vessel within the  territorial  waters  of  a  state  are  considered  within the jurisdiction of that state for the purpose of service of process. Process should not be allowed within the confines of the command until permission of the CO first  has  been  obtained.  Where  practical,  the  CO should require that process be served in his or her presence or in the presence of an officer designated by the CO. COs are required to make sure the nature of the process is explained to the member. This can be done by a legal assistance officer. Beyond  the  jurisdiction.  Where  the  member  is beyond the jurisdiction of the court issuing the pro- cess, COs should permit the service under the same conditions as within the jurisdiction, but need to make sure the member is advised that he or she need not indicate acceptance of service. Furthermore, in most cases, the CO should advise the person concerned to seek legal counsel. When a CO has been forwarded process  with  the  request  that  it  be  delivered  to  a person within the command, it may be delivered if the service  member  voluntarily  agrees  to  accept  it.  When the service member does not voluntarily accept the 10-9

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