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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 prisoners
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 prisoners trial within 120 days of the
prisoners 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 COs 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 courts work.
SERVICE OF PROCESS
Service of process is generally defined as estab-
lishing the courts 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 plaintiffs 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 members 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
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