C.F.R. » Title 32 » CHAPTER V—DEPARTMENT OF THE ARMY › SUBCHAPTER A—AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS › PART 516—LITIGATION › Subpart G—Release of Information and Appearance of Witnesses Scope

32 C.F.R. § 516.42

Reference to HQDA

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(a) General. If the SJA or legal adviser is unable to resolve the matter, it will be referred for approval or action by Litigation Division under this chapter, by the most expeditious means, to General Litigation Branch, Litigation Division, with the following exceptions:

(1) Those involving a case assigned to another branch of Litigation Division will be submitted to that branch (appendix B to this part).

(2) Those involving affirmative litigation (for example, medical care recovery or Army property damage or loss cases) under subpart E will be submitted to Tort Branch.

(3) Those involving patents, copyrights, privately developed technical information, or trademarks will be submitted to Intellectual Property Law Division.

(4) Those involving taxation will be submitted to Contract Law Division.

(5) Those involving communication, transportation, or utility service proceedings will be submitted to the Regulatory Law Office.

(6) Those involving environmental matters will be submitted to the Environmental Law Division.

(7) Those involving contract appeals cases before the ASBCA will be submitted to the Contract Appeals Division.

(8) Those involving procurement fraud, including Qui Tam cases, will be submitted to the Procurement Fraud Division.

(b) Information to be submitted. When referring matters pursuant to paragraph (a) of this section, the following data should be provided:

(1) Parties (named or prospective) to the proceeding, their attorneys, and case number, where appropriate.

(2) Party making the request (if a subpoena, indicate moving party) and his attorney.

(3) Name of tribunal in which the proceeding is pending.

(4) Nature of the proceeding.

(5) Date of receipt of request or date and place of service of subpoena.

(6) Name, grade, position, and organization of person receiving request or served with subpoena.

(7) Date, time, and place designated in request or subpoena for production of information or appearance of witness.

(8) Nature of information sought or document requested, and place where document is maintained.

(9) A copy of each document requested. Contact the appropriate office at HQDA if this would be burdensome and unnecessary to a decision whether to release, redact, or withhold a particular document.

(10) Name of requested witness, expected testimony, requested appearance time and date, and whether witness is reasonably available.

(11) Analysis of the problem with recommendations.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1993–2024 · leading case: Resource Investments, Inc. v. United States, 93 Fed. Cl. 373 (Fed. Cl. 2010).
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Resource Investments, Inc. v. United States, 93 Fed. Cl. 373 (Fed. Cl. 2010). · cites it 2× “at 651 (addressing 32 C.F.R. § 516.42 , the predecessor to 32 C.”
Romero v. United States, 153 F.R.D. 649 (D. Colo. 1994). · cites it 2× “The Department of the Army has promulgated 32 CFR § 516.42 which reads, in part, as follows: (a) DA maintains strict impartiality in' private litigation and conflicts of interest are to be avoided (AR 600-50).”
United States ex rel. Treat Bros. v. Fid. & Deposit Co., 986 F.2d 1110 (7th Cir. 1993). · cites it 2× “In particular, Blinderman claims that neither gentleman had obtained written permission from the Department of the Army to give opinion testimony at trial, and therefore violated 32 C.F.R. § 516.42 (a) (1992). In this case, it is important to note that the Army is not attempting…”
In Re the Complaint of Nautilus Motor Tanker Co., 85 F.3d 105 (3rd Cir. 1996). “1994) (The Federal Rules of Evidence override an Army regulation, 32 C.F.R. § 516.42 , purporting to limit an Army doctor’s expert testimony.”
Prof'l Fee Matters Concerning the Jackson Walker Law Firm (Bankr. S.D. Tex. 2024). “1994) (addressing 32 C.F.R. § 516.42 , the predecessor to 32 C.”
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