BY ORDER OF THE AIR FORCE INSTRUCTION 51-301 …

1 BY ORDER OF THESECRETARY OF THE AIR FORCE AIR FORCE INSTRUCTION 51-30120 JUNE 2002 LawCIVIL LITIGATIONCOMPLIANCE WITH THIS PUBLICATION IS MANDATORYACCESSIBILITY: Publications and forms are available on the e-Publishing website at for downloading or ordering. RELEASABILITY: There are no releasability restrictions on this publication. OPR: AFLSA/JACL Certified by: AFLSA/JAC (Col David L. Thomas)Supersedes AFI 51-301 , 15 August 2001 Pages.

2 73 This INSTRUCTION implements Air FORCE Policy Directive (AFPD) 51-3, civil litigation by setting guide-lines for Air FORCE personnel dealing with litigation , tax disputes, and legal or administrative sets procedures for releasing information for use in litigation and sets in motion the procedures and ser-vice of legal process involving the Air FORCE , Air FORCE personnel performing official duties, and AirForce instrumentalities (including nonappropriated fund activities) in the United States and foreign coun-tries.

3 This INSTRUCTION directs collecting and maintaining information subject to the Privacy Act of 1974 (herein-after the Privacy Act), 5 United States Code, Section 552a, authorized by 10 8013. System ofrecords notices F051 AF JA D, litigation Records (Except Patents), and F051 AFJA D, Patent Infringe-ment and litigation Records, apply. The reporting requirements in this INSTRUCTION are exempt from licensing in accordance with of AFI 37-124, The Information Collections and Reports (ICR) Management Program; Control-ling Internal, Public, and Interagency Air FORCE Information Collections.

4 SUMMARY OF CHANGESThis document is substantially revised and must be completely INSTRUCTION substantially revises AFI 51-301 , 25 July 1994. In particular, it clarifies the guidance onprocessing representation requests (paragraph ); reorganizes Chapter 1 to add the related subject ofindemnification requests (paragraph ); updates point of contact information for garnishment and otherinvoluntary withholding of pay matters (paragraph ); clarifies the standards for Privacy Act protectionof litigation report documents (paragraph ) and for the disclosures necessary to be made in litiga-tion matters (paragraph ).

5 Adds a new format to aid in the creation of litigation reports ( ); adds, further explains some duties specific to handling claims litigation discovery requests and pro-cessing requests for representation in negligence cases (paragraphs and ); provides substantialnew information about the points of contact and distribution of litigation responsibility within AFLSA/2 AFI51-301 20 JUNE 2002 JACL (paragraph ); updates point of contact and other information for telephone rate and service cases(paragraph ); adds a new section on Right to Financial Privacy Act litigation (Section 3H); providesa new checklist on how to prepare an administrative record, particularly for civilian personnel cases (Fig-ure ); clarifies litigation responsibility for contract litigation before the United States District Courtsand Court of Federal Claims (paragraph ); clarifies the guidance on environmental fee vs.

6 Tax issues(paragraph ) and on litigation report requirements in environmental cases (paragraph ); adds newguidance and reporting requirements for environmental administrative actions (paragraphs ); adds a new paragraph on commenting on environmental rule-making proceedings ( ); provides alternative service options for international commercial litigation involving the Air FORCE (paragraph and Figure ); updates the correct point of contact location for Air FORCE patent,trademark and copyright litigation (Chapter 7); adds recommended formats for authenticating officialAir FORCE records (Figure ) or for certifying by a records custodian that he or she does not have suchrecords (Figure ); clarifies the scope of applicability of Chapter 9 (paragraph ); clarifies somenecessary terms (paragraph ); revises and clarifies procedures for the release of information in litiga-tion (Section 9B).

7 Delegates additional authority to wing staff judge advocates to release official informa-tion and witnesses for testimony in private litigation (paragraphs and ); clarifies the positionof the Air FORCE on the release of official information and provision of expert or opinion testimony byformer Air FORCE personnel (paragraphs and ); clarifies procedures for Air FORCE witnessrequests (Section 9C); clarifies how witness requests for litigation involving the United States will bemade (paragraph ); clarifies how release authority is obtained for opinion or expert testimony byAir FORCE personnel (paragraph ); and substantially updates and clarifies the information regardingthe process for exempting Air FORCE personnel from service on state and local juries (Section 9D).

8 This latest revision makes minor corrections to various sections throughout the INSTRUCTION , and should becarefully reviewed. Chapter 1 GENERAL PROVISIONS of The Judge Advocate General (TJAG).. the Air FORCE and Air FORCE Officials Sued in Their Official by Air FORCE Officials for Representation by DoJ.. Requests.. Authority.. Responsibilities.. Disposition.. Reports..12 Figure for a Request for Government Representation.. 15 Figure Declaration of Defendant.. 16 Figure Declaration of Supervisor.

9 18 Figure Format for litigation Report.. 19 AFI51-301 20 JUNE 20023 Chapter 2 FEDERAL TORT CLAIMS ACT litigation Responsibility.. Complaints Received at Installation Level.. Discovery Requests at Installation Level.. Personal Negligence Complaints Against Air FORCE Employees at Installation Level -- Substitution..23 Chapter 3 litigation IN DOMESTIC COURTS AND ADMINISTRATIVE AGENCIES, OTHER THAN FEDERAL TORT CLAIMS ACT CASES, CONTRACTS, BANKRUPTCY, PATENT, COPYRIGHT, TRADEMARK, AND ENVIRONMENTAL AND LAND USE CASES 25 Section 3A General Information Responsibility.

10 You Must Report..26 Section 3B Civilian Personnel litigation Information.. Cases..28 Section 3C Administrative Actions Involving Civilian Personnel Or Labor Matters and Reporting Requirements.. To Report.. Representation and Assistance..29 Section 3D Military Personnel litigation Information.. Restraining ORDER (TRO) and Habeas Corpus..30 Section 3E Utilities litigation Utility litigation ..31 Section 3F Freedom of Information Act (FOIA) and Privacy Act (PA) litigation Information.