32 C.F.R. § 257.4

Policy

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It is DoD policy to accept service of process directed to the Secretary of Defense or a Secretary of a Military Department in his official capacity. Acceptance of service of process will not constitute an admission or waiver with respect to the jurisdiction or to the propriety of service.

Notes of Decisions

Cited in 2 cases (2 in the last 5 years), 2023–2024 · leading case: United States v. Ahmed Alahmedalabdaloklah, 94 F.4th 782 (9th Cir. 2023).

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United States v. Ahmed Alahmedalabdaloklah, 94 F.4th 782 (9th Cir. 2023). “See 32 C.F.R. § 257.4 (explaining that “[i]t is DoD policy to accept service of process directed to the Secretary of Defense or a Secretary of a Military Department in his official capacity,” but making no reference to other DoD personnel).”

United States v. Ahmed Alahmedalabdaloklah (9th Cir. 2024). “See 32 C.F.R. § 257.4 (explaining that “[i]t is DoD policy to accept service of process directed to the Secretary of Defense or a Secretary of a Military Department in his official capacity,” but 35 When a defendant seeks the testimony of an eyewitness to the “actions” or…”

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