Subpoenas_and_Court_Appearances

Policy 324CSU Police Department Systemwide Policy Manual Copyright Lexipol, LLC 2025/08/30, All Rights Reserved. Published with permission by CSU Police DepartmentSubpoenas and Court Appearances - 1Subpoenas and Court Appearances 324.1 PURPOSE AND SCOPE This policy establishes the guidelines for department members who must appear in court. It will allow the CSU Police Department to cover any related work absences and keep the Department informed about relevant legal matters. 324.2 POLICY CSU Police Department members will respond appropriately to all subpoenas and any other court- ordered appearances. 324.3 SUBPOENAS Only department members authorized to receive a subpoena on behalf of this department or any of its members may do so. This may be accomplished by personal service to the officer or by delivery of two copies of the subpoena to the officer's supervisor or other authorized department agent (Government Code § 68097.1; Penal Code § 1328(c)). The party that issues a civil subpoena to an officer to testify as a witness must tender the statutory fee of $275 with the subpoena for each day that an appearance is required before service is accepted of the subpoena (Government Code § 68097.2). Immediate supervisors or authorized individuals may refuse to accept service for a criminal subpoena if (Penal Code § 1328(d)(e)): (a)They know that they will be unable to deliver a copy of the subpoena to the named officer within sufficient time for the named officer to comply with the subpoena. (b)It is less than five working days prior to the date listed for an appearance and they are not reasonably certain that service can be completed. If, after initially accepting service of a criminal subpoena, supervisors or other authorized individuals determine that they are unable to deliver a copy of the subpoena to the named officer within sufficient time for the named officer to comply with the subpoena, supervisors or the subpoena clerks shall notify the server or the attorney named on the subpoena of such not less than 48 hours prior to the date listed for the appearance (Penal Code § 1328(f)). 324.3.1 CIVIL SUBPOENA The Department will compensate members who appear in their official capacities on civil matters arising out of their official duties, as directed by the current memorandum of understanding or collective bargaining agreement. The Department should seek reimbursement for the member’s compensation through the civil attorney of record who subpoenaed the member. CSU Police Department Systemwide Policy Manual Subpoenas and Court Appearances Copyright Lexipol, LLC 2025/08/30, All Rights Reserved. Published with permission by CSU Police DepartmentSubpoenas and Court Appearances - 2324.3.2 OFF-DUTY RELATED SUBPOENAS Members receiving valid subpoenas for off-duty actions not related to their employment or appointment will not be compensated for their appearance. Arrangements for time off shall be coordinated through their immediate supervisors. 324.4 FAILURE TO APPEAR Any member who fails to comply with the terms of any properly served subpoena or court-ordered appearance may be subject to discipline. This includes properly served orders to appear that were issued by a state administrative agency. 324.5 STANDBY To facilitate standby agreements, members are required to provide and maintain current information on their addresses and contact telephone numbers with the Department. If members on standby changes their location during the day, they shall notify the designated department member of how they can be reached. Members are required to remain on standby until released by the court or the party that issued the subpoena. 324.6 COURTROOM PROTOCOL When appearing in court, members shall: (a)Be punctual and prepared to proceed immediately with the case for which they are scheduled to appear. (b)Dress in the department uniform or business attire. (c)Observe all rules of the court in which they are appearing and remain alert to changes in the assigned courtroom where their matter is to be heard. 324.6.1 TESTIMONY Before the date of testifying, the subpoenaed member shall request a copy of relevant reports and become familiar with the content in order to be prepared for court. 324.7 OVERTIME APPEARANCES When members appear in court on their off-duty time, they will be compensated in accordance with the current memorandum of understanding or collective bargaining agreement.