Policy Text
Policy
335Fremont Police Department
Subpoenas and Court Appearances
335.1 PURPOSE AND SCOPE
This procedure has been established to provide for the acceptance of subpoenas and to ensure
that employees appear when subpoenaed, or are available to appear in court when requested
and present a professional appearance.
335.1.1 DEFINITIONS
On-Call - When an employee 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. City of Fremont Police Department employees shall not
be compensated for on-call status. Compensation agreements shall be followed in accordance
with the current employee Memorandum of Understanding.
Trailing Status - When an employee remains on standby status for additional court sessions until
notified otherwise.
Mandatory Appearance - Subpoenas marked as mandatory appearance require an employee's
physical appearance in the specified court. Failure to timely appear in the specified court, either
intentionally or by negligence, may result in disciplinary action.
335.2 COURT SUBPOENAS
Employees who receive subpoenas related to their employment with this department are subject to
the provisions of this policy and their respective bargaining unit's Memorandum of Understanding.
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.
335.2.1 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 by
personal service on the employee or by delivery of two copies of the subpoena to the employee's
supervisor or other authorized departmental agent, or by utilizing the city email accounts to send
a copy of the subpoena to him or her, or to his or her immediate supervisor or other departmental
agent authorized to receive service, or by other electronic means such as facsimile (Government
Code § 68097.1; Penal Code § 1328(c)). Subpoena service is also acceptable by courier or court
liaison from the court to this department.
335.2.2 VALID SUBPOENAS
No subpoena shall be accepted for an employee of this department unless it has been properly
served and verified to have originated from a recognized legal authority.
335.2.3 ACCEPTANCE OF SUBPOENA
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Published with permission by Fremont Police DepartmentSubpoenas and Court Appearances - 1
Fremont Police Department
Subpoenas and Court Appearances
(a)Only the employee named in a subpoena, his/her immediate supervisor, the Court
Liaison Sergeant, or the department subpoena clerk shall be authorized to accept
service of a subpoena (Penal Code § 1328(c)). Any authorized employee accepting
a subpoena shall immediately provide a copy of the subpoena to the department
subpoena clerk. The subpoena clerk shall maintain a chronological log of all
department subpoenas and provide a copy of the subpoena to each involved
employee.
(b)Any supervisor or other authorized individual accepting a subpoena on behalf of
another employee shall immediately check available schedules to determine the
availability of the named employee for the date listed on the subpoena.
(c)Once a subpoena has been received by a supervisor or other authorized individual,
a copy of the subpoena shall be promptly provided to the subpoena clerk who will
serve the individually named employee. The subpoena clerk will maintain a copy of all
department subpoenas and will provide a copy to each involved employee.
335.2.4 REFUSAL OF SUBPOENA
Except where previous arrangements with the court exist, training, and regularly scheduled days
off are generally not valid reasons for refusing a subpoena or missing court. Department approved
primary and secondary vacations are a valid reason for subpoena refusal. If an employee
has another conflict making attendance difficult, the employee must contact the Deputy District
Attorney (DDA) directly. If the employee is unable to reach the DDA, the employee should consult
the Court Liaison Sergeant for assistance. If, due to illness or injury, the named employee is
unable to appear in court as directed by a previously served subpoena, he/she shall, at least one
hour before the appointed date and time, inform the courts, or the Watch Commander of his/her
absence.
If the immediate supervisor or other authorized individual knows that he/she will be unable to
deliver a copy of the subpoena to the named employee within sufficient time for the named
employee to comply with the subpoena, the supervisor or other authorized individual may refuse
to accept service (Penal Code § 1328(d)).
If a subpoena is presented for service to an immediate supervisor or other authorized individual
less than five working days prior to the date listed for an appearance and the supervisor or other
authorized individual is not reasonably certain that the service can be completed, he/she may
refuse to accept service (Penal Code § 1328(e)).
If, after initially accepting service of a subpoena, a supervisor or other authorized individual
determines that he/she will be unable to deliver a copy of the subpoena to the individually
named employee within sufficient time for the named employee 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)).
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