Question:

Subpoena to appear in court, command interferring?

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My neighbor has been ordered to appear before the court regarding a case dealing with his wife and daughter. I'm not going into details, as it is a very long and complicated story. He is currently in the Navy. His unit is currently on assignment in Okinawa (because of alot of complications, his unit redeployed him home). His command told him that they will redeploy him back to Okinawa and when he is due to appear in court, he will have to find and fund his own way back for the hearing. Can they actually do this to him, or are they blowing smoke etc etc? Under what circumstances would his command be allowed to do this, and if they ARE allowed, what circumstances would make them unable (example.... the hearing is for a more serious matter than, let's say, witness to a robbery??). I'm sorry if any of this is confusing, please let me know if there is anything I need to clarify. Thank you in advance, and only serious answers please.

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3 ANSWERS


  1. He needs to do some research (through JAG), but I'm pretty sure that legal proceedings cannot commence against an individual while they are deployed. Have him contact the court and explain the situation.  


  2. I would encourage your friend to contact the JAG office, or the local states attorney to see just what the rules are but I don't think he can be deployed out of the country while under a subpeona to appear in civilian court. There might be some official 'i' dotting and 't' crossing that hasn't been done.

  3. yes they can make him come back and yes it will be all on him to pay to return.  they do NOT have to let him come back for anything..not even a death in the family.  

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