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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 32 - National Defense |
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Subtitle A - Department of Defense |
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Chapter VI - Department of the Navy |
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SubChapter G - Miscellaneous Rules |
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Part 776 - Professional Conduct of Attorneys Practicing Under the Cognizance and Supervision of the Judge Advocate General |
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Subpart B - Rules of Professional Conduct |
§ 776.46 - Attorney as witness.
Latest version.
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§ 776.46 Attorney as witness.
(a) A covered attorney shall not act as advocate at a trial in which the covered attorney is likely to be a necessary witness except when:
(1) The testimony relates to an uncontested issue;
(2) The testimony relates to the nature and quality of legal services rendered in the case; or
(3) Disqualification of the covered attorney would work substantial hardship on the client.
(b) A covered attorney may act as advocate in a trial in which another attorney in the covered attorney's office is likely to be called as a witness, unless precluded from doing so by § 776.26 or § 776.28 of this part.
(c) [Reserved]