D.C. Mun. Regs. tit. 6, r. 6-C1265

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 6-C1265 - WITNESS SERVICE
1265.1

For the purposes of this section, the following term has the meaning ascribed:

Judicial proceeding - any civil or criminal action, suit, or other proceeding of a judicial nature, whether at law or in equity, before a court of any jurisdiction, including any condemnation, preliminary, informational, or other such proceeding. The term also includes an administrative hearing or proceeding if it is to be held within the Washington Standard Metropolitan Statistical Area (WSMSA). All stages (preliminary hearing, inquest, trial, or deposition taking) of the proceeding would be covered, including hearings and conferences before a committing court, magistrate, commission, Administrative Law Judge, Hearing Examiner, grand jury proceedings, and coroners' inquests, and hearings and conferences conducted by a prosecuting attorney for the purpose of determining whether an information or charge should be made in a particular case.

1265.2

Witness service for which court leave is authorized shall include any time spent by an employee summoned by any court or administrative agency having proper jurisdiction to appear as a witness or to produce evidence in any judicial proceeding in which the District of Columbia, the United States, or another state or local government is a party.

1265.3

An employee summoned as a witness in any matter that does not meet the requirements of section 1265.1 of this section may be granted annual leave, compensatory time, or leave without pay, as appropriate.

1265.4

An employee shall be considered to be performing official duty, rather than on court leave, during any period with respect to which he or she is summoned or assigned by OAG to testify or produce official records in his or her official capacity.

1265.5

If there is a question as to whether or not a particular summons falls within the criteria of sections 1265.1 or 1265.4 of this section, the Attorney General shall contact the court or other authority issuing the summons, and seek clarification.

1265.6

An employee performing official duty as set forth in section 1265.4 of this section shall be entitled to reimbursement of travel expenses pursuant to OAG travel regulations.

D.C. Mun. Regs. tit. 6, r. 6-C1265

Final Rulemaking published at 69 DCR 4210 (4/29/2022)