Policy Text
Policy Delano Police Department
325 Delano PD Policy Manual
Subpoenas and Court Appearances
325.1 PURPOSE AND SCOPE
This policy establishes the guidelines for department members who must appear in court. It will
allow the Delano Police Department to cover any related work absences and keep the Department
informed about relevant legal matters.
325.2 POLICY
Delano Police Department members will respond appropriately to all subpoenas and any other
court-ordered appearances.
325.3 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 departmental
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).
An immediate supervisor or authorized individual may refuse to accept service for a criminal
subpoena if (Penal Code § 1328(d)(e)):
(a) He/she knows that he/she 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 he/she
is not reasonably certain that service can be completed.
If, after initially accepting service of a criminal subpoena, a supervisor or other authorized
individual determines that he/she is unable to deliver a copy of the subpoena to the named officer
within sufficient time for the named officer to comply with the subpoena, the supervisor or the
subpoena clerk 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)).
325.3.1 SPECIAL NOTIFICATION REQUIREMENTS
Any member who is subpoenaed to testify, agrees to testify or provides information on behalf of
or at the request of any party other than the City Attorney or the prosecutor shall notify his/her
immediate supervisor without delay regarding:
(a) Any civil case where the City or one of its members, as a result of his/her official
capacity, is a party.
(b) Any civil case where any other city, county, state or federal unit of government or a
member of any such unit of government, as a result of his/her official capacity, is a
party.
Copyright Lexipol, LLC 2019/12/06, All Rights Reserved. Subpoenas and Court Appearances - 1
Published with permission by Delano Police Department