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Army Regulation 27–40
Legal Services
Litigation
HeadquartersDepartment of the ArmyWashington, DC19 September 1994
Unclassified
 
SUMMARY of CHANGE 
AR 27–40LitigationThis revision--o Devotes a separate chapter to service of process (chap 2).o Replaces "investigative report" with "litigation report" reflecting currentusage (chap 3).o Devotes a separate chapter to individual liability (chap 4).o Treats environmental litigation (chap 6).o Deletes coverage of criminal prosecutions in U.S. Magistrate and DistrictCourts (see AR 27-l0).o Delegates more authority to the installation level to determine release ofinformation and appearance of witnesses (chap 7).o Updates procedures to obtain release from local or State jury duty (chap l0).
 
HeadquartersDepartment of the ArmyWashington, DC19 September 1994Legal Services
Litigation*Army Regulation 27–40
Effective 19 October 1994History.
This printing publishes a completerevision of this Army regulation. Because thepublication has been revised extensively, thechanged portions have not been highlighted.
Summary.
This regulation prescribes policyand procedures for litigation in civilian courtproceedings, including the following: provid-ing representation of the Army and its per-s o n n e l i n F e d e r a l a n d S t a t e c o u r tproceedings; remedies for procurement fraud;environmental litigation; bankruptcy; releaseof information and appearance of witnessesin criminal and civil court actions; proce-dures to follow when soldiers are summonedfor jury duty; and, procedures for cooperationwith the Office of Special Counsel.
Applicability.
This regulation applies to allDA personnel (see glossary), including theActive Army, the Army National Guard, andthe U.S. Army Reserve. This regulation ap-plies during partial and full mobilization.
P r o p o n e n t a n d e x c e p t i o n a u t h o r i t y .
The proponent of this regulation is The JudgeAdvocate General. The proponent has the au-thority to approve exceptions to this regula-tion that are consistent with controlling lawand regulation. Proponents may delegate theapproval authority, in writing, to a divisionchief under their supervision within the pro-ponent agency who holds the grade of colo-nel or the civilian equivalent.
A r m y m a n a g e m e n t c o n t r o l p r o c e s s .
This regulation is not subject to the require-ments of AR 11–2. It does not contain inter-nal control provisions.
Supplementation.
Supplementation of thisr e g u l a t i o n a n d es ta b l i s h me n t o f c o m m an d and local forms are prohibited without priorapproval from the Office of The Judge Advo-c a t e G e n e r a l , A T T N : L i t i g a t i o n D i v i s i o n( D AJ A– L T ), 901 No r th S t uar t Str e e t , A r- lington, VA 22203–1837.
Interim changes.
Interim changes to thisregu lation are not of f ici al u nl ess authenti- cated by the Administrative Assistant to theSecretary of the Army. Users will destroyinterim changes on their expiration dates un-less sooner superseded or rescinded.
Suggested Improvements.
Users are in-vited to send comments and suggestions toO f f i c e o f T h e J u d g e A d v o c a t e G e n e r a l ,ATTN: Litigation Division (DAJA–LT), 901N o r t h S t u a r t S t r e e t , A r l i n g t o n , V A22203–1837.
Distribution.
Distribution of this publica-tion is made in accordance with DA Form12–09–E, block number 2040, intended forcommand levels B,C,D, and E for Active Ar-my, Army National Guard, and U.S. ArmyReserve.
Contents
(Listed by paragraph and page number)
Chapter 1General,
 page1
Purpose •1–1,
 page1
References •1–2,
 page1
Explanation of abbreviations and terms •1–3,
 page1
Responsibilities •1–4,
 page1
Restriction on contact with DOJ •1–5,
 page2
Appearance as counsel •1–6,
 page2
Mailing addresses •1–7,
 page2
Chapter 2Service of Process,
 page2
General •2–1,
 page2
Service of criminal process within the United States •2–2,
 page2
Service of civil process within the United States •2–3,
 page2
Service of criminal process outside the United States •2–4,
 page3
Service of civil process outside the United States •2–5,
 page3
Assistance in serving process overseas •2–6,
 page3
Service of process on DA or the Secretary of the Army •2–7,
 page3
Chapter 3Reporting Legal Proceedings to Headquarters, Departmentof the Army,
 page3
General •3–1,
 page3
Individual and supervisory procedures upon commencement of legal proceedings •3–2,
 page4
SJA or legal adviser procedures •3–3,
 page4
Litigation alleging individual liability •3–4,
 page4
Injunctive relief •3–5,
 page4
Habeas Corpus •3–6,
 page4
Litigation against Government contractors •3–7,
 page4
Miscellaneous reporting requirements •3–8,
 page5
Litigation reports •3–9,
 page5
Preservation of evidence •3–10,
 page6 
DA Form 4 •3–11,
 page6 
Unsworn declarations under penalty of perjury •3–12,
 page6 
Chapter 4Individual Liability,
 page9
Scope •4–1,
 page9
Policy •4–2,
 page9
Federal statutes and regulations •4–3,
 page9
Procedures for obtaining certification and DOJ representation•4–4,
 page9
Private counsel at Government expense •4–5,
 page10
*This regulation supersedes AR 27–40, 2 December 1987, and rescinds DA Form 2135, May 1973.
AR 27–40 • 19 September 1994i
Unclassified
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