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Electronic Code of Federal Regulations

e-CFR Data is current as of April 16, 2014

Title 32: National Defense


PART 257—ACCEPTANCE OF SERVICE OF PROCESS


Contents
§257.1   Purpose.
§257.2   Applicability.
§257.3   Definition.
§257.4   Policy.
§257.5   Responsibilities.

Authority: 5 U.S.C. 301, 133.

Source: 49 FR 1490, Jan. 12, 1984, unless otherwise noted.

§257.1   Purpose.

This rule updates DoD policy governing acceptance of service of process served on the Secretary of Defense and the Secretaries of the Military Departments.

§257.2   Applicability.

This rule applies to the Office of the Secretary of Defense (OSD) and the Military Departments.

§257.3   Definition.

Service of Process. When applied to the filing of a court action against an officer or agency of the United States, service of process refers to the delivery or, when appropriate, receipt by mail, of a summons and complaint made in accordance with Rule 4, Federal Rules of Civil Procedure by serving the United States and by serving a copy of the summons and complaint by registered or certified mail to such officer or agency. It further signifies the delivery of a subpoena requiring a witness to appear and give testimony or of a subpoena requiring production of documents, or delivery of a subpoena for any other reason whether or not the matter involves the United States.

§257.4   Policy.

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.

§257.5   Responsibilities.

The following responsibilities may not be redelegated:

(a) The General Counsel, Department of Defense, shall accept service of process for the OSD.

(b) The Secretary of the Army, or his designee, the Chief, Litigation Division, Office of the Judge Advocate General, shall accept service of process for the Department of the Army.

(c) The Secretary of the Navy, or his designee, the General Counsel, shall accept service of process for the Department of the Navy.

(d) The Secretary of the Air Force, or his designee, the Chief, General Litigation Division, Office of the Judge Advocate General, shall accept service of process for the Department of the Air Force.



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