Policy Text
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
3 06/03/2015 10/18/2023 10/18/2026
BUENA PARK POLICE DEPARTMENT GENERAL ORDERS
___________________________
348 - Court Appearance & Subpoenas 1 POLICY 348 COURT APPEARANCE AND SUBPOENAS
348.1 PURPOSE AND SCOPE
This p olicy provide s for the acceptance of subpoenas , ensure s that employees appear when
subpoenaed or are available to appear in court when requested , and that employees present a
professional appearance when at court . It further addresses the serving of civil subpoenas and
court orders .
348.1. 1 ACCREDITATION STANDARDS
This section pertains to the following CALEA Standards: 74.1.2, 74.2.1
348.1.2 DEFINITIONS
Subject to Recall : An employee who has appeared in court , or is at the time on -duty, and has
been told by a member of the court that he/she is free to leave the court or return to duty subject to
being available by phone if called back.
Standby /On-Call: An employee who receives a subpoena that allows him/her to not appear in
court , but remain available by phone so that he/she may be directed to appear in court within a
reasonable amount of time.
Trailing Status : An employee who remains on an on -call status for additiona l court sessions until
notified otherwise.
Mandatory Appearance : Subpoenas marked as mandatory appearance require an employee’s
physical appearance in the specified court. Failure to appear in a timely manner in the specified
court, either intentionally o r by negligence , may result in disciplinary action.
348.2 POLICY
The Buena Park Police Department will ensure all employees comply with civil and criminal court
ordered subpoenas and assist in serving subpoenas and court orders when applicable.
348.3 COURT SUBPOENAS
Employees who receive subpoenas related to their employment with this Department are subject
to the provisions of this policy. Employees should be aware that their compliance is mandatory on
all cases for which they have been properly subpoenaed or properly notified. This policy applies to
civil and criminal subpoenas. Employees are expected to cooperate with the prosecution to ensure
the successful conclusion of a case.
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
3 06/03/2015 10/18/2023 10/18/2026
BUENA PARK POLICE DEPARTMENT GENERAL ORDERS
___________________________
348 - Court Appearance & Subpoenas 2 348.3.1 SERVICE OF SUBPOENA
Service of a subpoena requiring the appearance of any Department employee in connection with
a matter arising out of the employee's course and scope of official duties may be accomplished via
electronic mail, personal service on the employee, or by delivery of two copies of the subpoena on
the employee's supervisor or Watch Commander on duty (Government Code § 68097.1 and Penal
Code § 1328(c)). Subpoena service is also acceptable by Court Liaison from the court to this
Department.
348.3.2 VALID SUBPOENAS
No subpoena shall be accepted for a n employee of this Department unless it has been properly
served and verified to have originated from a recognized legal authority.
348.3.3 ACCEPTANCE OF SUBPOENA
Only the employee named in a subpoena, his/her immediate supervisor , or his/her designee; shall
be authorized to accept service of a subpoena (Penal Code § 1328(c)).
Any authorized employee accepting a subpoena shall promptly provide a copy of the subpoena to
the Department's Court Liaison . The Court Liaison will then provide a copy of the su bpoena to the
individually named employee.
Under agreement with the courts, all subpoenas are received electronically by the Court Liaison.
The Court Liaison shall create an Outlook Calendar Event for each subpoena and invite the
designated employee. Em ployees shall access and review their email inbox at least once each
workday per BPPD Policy § 342.9.4, Management of Email. Employees shall click and accept the
Outlook Calendar Event confirming their appearance/on -call status. If an employee does not cli ck
and accept on the subpoena calendar event, s/he shall refer to § 348.3.4, Refusal of Subpoena,
for the protocol for refusing a subpoena.
Hand -delivered subpoenas will be placed in the employee’s department al mailbox. In addition, the
Court Liaison will send the employee an email advising of the delivered subpoena, instructin g
him/her to sign the subpoena and then place it in the Court Liaison’s tray located in the Records
Bureau. Unless the employee refuses t he subpoena per § 348. 3.4, Refusal of Subpoena, the
subpoena will be considered served.
The Court Liaison maintain s a chronological log of all Department employee subpoenas not issued
by the Orange County court system, and provide s a copy of the subpoe na to each involved
employee.
348.3.4 REFUSAL OF SUBPOENA
Valid reasons for an individually named employee not accepting subpoenas include illness,
previously approved training, and vacations, which are scheduled and approved, before receipt of
the subpoena. Regular scheduled days off are not valid reasons for re fusing the subpoena or
missing court. If the