Posted on Sep 8, 2020
What type of leave should be taken to testify in a criminal trial?
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I received a subpoena to testify in a criminal trial and I have people telling me it’s leave that I can still be charged even though it is a court ordered appearance. Is this correct, or would I submit for something different?
Posted in these groups: 
JAG
Legal Assistant
JAG Legal Assistant
Posted >1 y ago
Responses: 4
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You don’t need JAG. It is not leave, it is an admin absence under Para 5-12 (5), AR 600-8-10. Go to you S1, approval authority is first O5, Commander.
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SGM Erik Marquez
SGT(P) (Join to see)
I think you will find para 5–32. Permissive temporary duty authorization is what your looking for.
5–32. Permissive temporary duty authorization
PTDY may be authorized as follows:
b. To perform State jury service or be a witness at State criminal investigation proceedings or criminal prosecution is subject to the following conditions:
(1) Soldier must have received a subpoena, summons, or request instead of process.
(2) Case must involve substantial public interest; for example, a major crime has been committed, and the Soldier is a major witness).
(3) Decision to grant PTDY must be coordinated with command staff judge advocate (SJA) or legal office.
https://armypubs.army.mil/epubs/DR_pubs/DR_a/pdf/web/r600_8_10.pdf
I think you will find para 5–32. Permissive temporary duty authorization is what your looking for.
5–32. Permissive temporary duty authorization
PTDY may be authorized as follows:
b. To perform State jury service or be a witness at State criminal investigation proceedings or criminal prosecution is subject to the following conditions:
(1) Soldier must have received a subpoena, summons, or request instead of process.
(2) Case must involve substantial public interest; for example, a major crime has been committed, and the Soldier is a major witness).
(3) Decision to grant PTDY must be coordinated with command staff judge advocate (SJA) or legal office.
https://armypubs.army.mil/epubs/DR_pubs/DR_a/pdf/web/r600_8_10.pdf
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Looking at the new Leave Form....I'm not sure where that would fall under. Talk with your S1 as well as JAG, per SGM Bill Frazer
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