36 CFR § 1012.11 - Must I get approval before testifying as an expert witness other than on behalf of the United States in a Federal proceeding in which the United States is a party or has a direct and substantial interest?
---
identifier: "/us/cfr/t36/s1012.11"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "36 CFR § 1012.11 - Must I get approval before testifying as an expert witness other than on behalf of the United States in a Federal proceeding in which the United States is a party or has a direct and substantial interest?"
title_number: 36
title_name: "Parks, Forests, and Public Property"
section_number: "1012.11"
section_name: "Must I get approval before testifying as an expert witness other than on behalf of the United States in a Federal proceeding in which the United States is a party or has a direct and substantial interest?"
chapter_name: "PRESIDIO TRUST"
part_number: "1012"
part_name: "LEGAL PROCESS: TESTIMONY BY EMPLOYEES AND PRODUCTION OF RECORDS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "16 U.S.C. 460bb appendix; 40 U.S.C. 102; 44 U.S.C. 2901 and 3102."
regulatory_source: "74 FR 42030, Aug. 20, 2009, unless otherwise noted."
cfr_part: "1012"
---
# 1012.11 Must I get approval before testifying as an expert witness other than on behalf of the United States in a Federal proceeding in which the United States is a party or has a direct and substantial interest?
(a) You must comply with 5 CFR 2635.805(c), which details the authorization procedure for an employee to testify as an expert witness, not on behalf of the United States, in any proceeding before a court or agency of the United States in which the United States is a party or has a direct and substantial interest. This procedure means:
(1) You must obtain the written approval of the Presidio Trust's General Counsel;
(2) You must be in an approved leave status if you testify during duty hours; and
(3) You must state for the record that you are appearing as a private individual and that your testimony does not represent the official views of the Presidio Trust.
(b) If you testify as an expert witness on a matter outside the scope of your official duties, and which is not covered by paragraph (a) of this section, you must comply with 5 CFR 2635.802.