Policy Text
Policy
325Garden Grove Police Department
Policy Manual
Copyright Lexipol, LLC 2022/05/24, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentSubpoenas and Court Appearances - 1Subpoenas 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 Garden Grove Police Department to cover any related work absences and keep
the Department informed about relevant legal matters.
325.2 POLICY
Garden Grove 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 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).
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.
Garden Grove Police Department
Policy Manual
Subpoenas and Court Appearances
Copyright Lexipol, LLC 2022/05/24, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentSubpoenas and Court Appearances - 2(c)Any criminal proceeding where the member is called to testify or provide information
on behalf of the defense.
(d)Any civil action stemming from the member’s on-duty activity or because of his/her
association with the Garden Grove Police Department.
(e)Any personnel or disciplinary matter when called to testify or to provide information by
a government entity other than the Garden Grove Police Department.
The supervisor will then notify the Chief of Police and the appropriate prosecuting attorney as
may be indicated by the case. The Chief of Police should determine if additional legal support
is necessary.
No member shall be retaliated against for testifying in any matter.
325.3.2 CIVIL SUBPOENA
Adepartment employee must comply with a civil subpoena that is received as a result of an
on-duty investigation or incident.The Department Secretary accepts all civil subpoenas and
appropriate fees for current employees and determines that the employee is available on the date
specified.Subpoenas for persons who are no longer employed by the department are not to be
accepted.
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.
325.3.3 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.
325.4 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.
325.5 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 a member on standby changes his/her location during the day, the member shall notify the Court
Liaison Officer (CLO) of how he/she can be reached. Members are required to remain on standby
until released by the court or the party that issued the subpoena.
Garden Grove Police Department
Policy Manual
Subpoenas and Court Appearances
Copyright Lexipol, LLC 2022/05/24, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentSubpoenas and Court Appearances - 3325.6 COURTROOM PROTOCOL
When appearing in court, members shall:
(a)