D.C. Mun. Regs. tit. 6, r. 6-B1265

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 6-B1265 - WITNESS SERVICE
1265.1

An employee shall receive paid court leave pursuant to § 1263 for the time the employee spends providing testimony or to producing evidence when a court or administrative tribunal summons the employee to appear and provide testimony or to produce evidence in any judicial or administrative proceeding in which the District of Columbia, the United States, or another state or local government is a party.

1265.2

Notwithstanding § 1265.1, an employee providing testimony or producing evidence in his or her official capacity as a District government employee, rather than in his or her personal capacity, in a judicial or administrative proceeding shall be deemed to be on District government duty and shall receive regular pay rather than paid court leave.

1265.3

An employee shall be eligible for reimbursement for travel expenses incurred to provide testimony or to produce evidence in his or her official capacity as a District government employee in accordance with Chapter 40 of this subtitle.

1265.4

An employee may be granted leave without pay, annual leave, or compensatory leave, as appropriate, whenever a judicial or administrative body summons the employee to provide testimony or produce evidence in a proceeding in which neither the District of Columbia, the United States, nor another state or local government is a party. The employee shall not be eligible to receive paid court leave for providing testimony or producing evidence in such a proceeding.

1265.5

The agency head shall contact the judicial or administrative body issuing the summons for clarification when it is unclear whether the employee will be providing testimony or producing evidence in his or her personal or official capacity.

1265.6

Notwithstanding § 1265.1, an employee is not eligible for paid court leave:

(a) While participating in a criminal proceeding where the employee is a named defendant; or
(b) Where the employee, a relative of the employee, or a private entity in which the employee has a financial interest, initiates a judicial proceeding.

D.C. Mun. Regs. tit. 6, r. 6-B1265

Final Rulemaking published at 54 DCR 11538 (November 30, 2007); amended by Final Rulemaking published at 68 DCR 3287 (3/26/2021)