---
kind: "section"
citation: "36 C.F.R. § 1012.11"
title: "36"
number: "1012.11"
heading: "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?"
url: "https://uscodex.org/cfr/36/1012.11"
---

# §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)](/cfr/5/2635.805.md?p=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)](#a) of this section, you must comply with [5 CFR 2635.802](/cfr/5/2635.802.md).

## Notes

### Authority

Authority: 16 U.S.C. 460bb appendix; 40 U.S.C. 102; 44 U.S.C. 2901 and 3102.

### Source

Source: 74 FR 42030, Aug. 20, 2009, unless otherwise noted.