This is still the case. Any new enlistment contract is for 8 years, always. Subtract the active portion of your contract from 8, and that's how long you'll be IRR and eligible for recall. To answer the original question....I do believe it this scenario is plausible, but would be extremely unusual in real life...which doesn't always play out like it does on TV. Generally speaking, a prosecution/defense lawyer shouldn't be too keen on forcing people to testify. Are there procedures in place for them to do it? Yes. But do you really want to risk your case on some guy you had to recall to active duty to show up? A real person won't a give shit about being "under oath," they'd be fucking pissed at whichever attorney was responsible for their recall. Threatening people is really all they can do, if the guy calls their bluff the attorney realistically just has to move on.