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Date: 10/31/88 Revision: 06/26/24 Reviewed: 06/26/24 HILLSBOROUGH COUNTY SHERIFF’S OFFICE CHAD CHRONISTER , SHERIFF STANDARD OPERATING PROCEDURE Number: GEN 208.06 Page: 1 of 7 SUBJECT: SUBPOENA AND PRE -TRIAL DETENTION HEARING PROCEDURE S I. PURPOSE : The purpose of this standard operating procedure is to define the procedure for response to subpoenas as it relates to court and deposition appearances by personnel of the Sheriff's Office, and to define guidelines for maintaining administ rative control over subpoenas. II. SCOPE : This procedure shall apply to all Sheriff's Office personnel attending criminal or civil jury trials; non -jury trials; court hearings ; depositions; and traffic crash and citation hearings. III. DISCUSSION : Appearances in criminal or civil court and in related trials, hearings , and depositions are a mandatory and necessary duty and responsibility of Sheriff's Office personnel. As such, personnel responding to subpoenas issued in these proceedings are entitled t o overtime compensation for any required appearances during off -duty hours. IV. DEFINITIONS : A. Court Tracker - A mandatory function within the CourtNotify program which personnel must utilize to record their court times, case results , and other pertinen t disposition notes within seven days following the date of the subpoena. B. CourtNotify - An electronic program in which subpoenas are delivered, notifications made, receipts recorded, and tracking disposition notes are recorded. This program directly provides issuing agencies, such as the Public Defender’s Office (PDO) and State Attorney’s Office (SAO) ability to access Sheriff’s Office employees’ schedules, contact numbers , and leave information on calendars for consideration when scheduling court appearances. C. Dual Compensation - Accepting monetary compensation for subpoenas in addition to overtime credit or regular pay could result in both criminal and administrative disciplinary action. D. Off-Duty Hours - Time other than scheduled or adjusted work hours. E. Subpoena - A writ commanding a person designated in it to appear in court or at a hearing or deposition under penalty for failure to do so. V. PROCEDURE : A. Jury Trial Subpoenas - For jury trial subpoenas, all witnesses must notify the W itness Aid Center prior to the c ourt date to be placed on stand by. The Witness Aid Center must be given a phone number and email that provides direct an d easy contact to the witness. Witnesses may call the Witness Aid Center daily or email Witaid1@sao13t h.com for updates during the trial week. Prior to the court date, Witness Aid will contact witnesses who are to be released via their provided phone number and email. B. Non-Jury Trials and All Other Subpoenas -The witness must appear on the date and time indicated on the subpoena. Stand -by procedures are not authorized. Witnesses shall provide easy access by phone for the Witness Aid Center so that the witness can GEN 208.06 06/26/24 Page 2 of 7 be contacted in the event the assigned attorney advises Witness Aid of any changes regard ing their appearance. Prior to the court date, witnesses will be released through their provided phone number and email in the event there is a change. C. Request for Dismissal of Charges - Deputies shall not contact the Clerk of the Cour t or the SAO requesting dismissa l of charges without the approval of their Division/District Commander. 1. Deputies requesting the dismissal of charges shall prepare a memorandum indicating the reasons for the request. a. The request shall be submitted through the depu ty's chain of command to their Division/District Commander who will determine if the reasons provided are sufficient to justify the request for dismissal. b. Deputies released from a subpoena due to the dismissal of charges shall record the information in the remarks column of the subpoena control log. The deputy shall record the name of the approving supervisor and the full name of the individual who released the deputy from the subpoena. D. Outside Judicial Circuit Subpoenas - Upon receiving a subpoena from an outside judicial circuit, it shall be the responsibility of the person subpoenaed to contact the appropriate agency charged with witness coordination to determine appearance time. E. Witness Fees and Overtime Compensation - Sheriff's Office perso nnel may receive subpoenas from either the prosecution or the defense , or from attorneys in civil cases relating to their official duties. Subpoenas may be received in paper form or electronically through CourtNotify. If the subpoena was received through CourtNotify, refer to Section VI. If the subpoena was received in paper form, the witness fees and overtime compensation procedures are outlined below: 1. After appearing in court or for a deposition, secure the attorney's signature on the subpoena, not ing the time released. 2. In the absence of the attorney, the Clerk of the Court may sign the subpoena. * 3. Update Workday to reflect the allocated travel time (if applicable) and actual time spent in court/deposition. Utilize the Workday comment section advising the use of Court Time and enter the Sheriff’s Office case number into the notes section. 4. Record the appearance within the Witness Subpoena Control Log . 5. Personnel shall not accept witnes s fees for on or off -duty subpoena appearances since t his would be