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.
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.
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 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 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 Users will destroyinterim changes on their expiration dates un-less sooner superseded or rescinded.
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 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.
(Listed by paragraph and page number)
Explanation of abbreviations and terms •1–3,
Restriction on contact with DOJ •1–5,
Appearance as counsel •1–6,
Mailing addresses •1–7,
Chapter 2Service of Process,
Service of criminal process within the United States •2–2,
Service of civil process within the United States •2–3,
Service of criminal process outside the United States •2–4,
Service of civil process outside the United States •2–5,
Assistance in serving process overseas •2–6,
Service of process on DA or the Secretary of the Army •2–7,
Chapter 3Reporting Legal Proceedings to Headquarters, Departmentof the Army,
Individual and supervisory procedures upon commencement of legal proceedings •3–2,
SJA or legal adviser procedures •3–3,
Litigation alleging individual liability •3–4,
Injunctive relief •3–5,
Habeas Corpus •3–6,
Litigation against Government contractors •3–7,
Miscellaneous reporting requirements •3–8,
Litigation reports •3–9,
Preservation of evidence •3–10,
DA Form 4 •3–11,
Unsworn declarations under penalty of perjury •3–12,
Chapter 4Individual Liability,
Federal statutes and regulations •4–3,
Procedures for obtaining certification and DOJ representation•4–4,
Private counsel at Government expense •4–5,
*This regulation supersedes AR 27–40, 2 December 1987, and rescinds DA Form 2135, May 1973.
AR 27–40 • 19 September 1994i