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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 cog-
nizant 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 per-
sonnel will not provide official information, testi-
mony, 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 per-
sonnel will not provide, with or without compensat-
ion, opinion or expert testimony concerning DOD
information, subjects, personnel, or activities—ex-
cept on behalf of the United States or a party repre-
sented by the Department of Justice—or with written
special authorization. The previous instruction out-
lines 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.
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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 docu-
ments required for the delivery of personnel and waiv-
ers 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.
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