Policy Text
Ref: CALEA
Standards 74.1.1; 74.1.2; 74.2.1
DEPARTMENTAL
GENERAL ORDER E-3 Rev.
25 Apr 00
Index as: Civil Action Proceedings Subpoenas, Civil
Page 1 of 16
CIVIL ACTION PROCEEDINGS
The purpose of this order is to set forth procedures regarding civil action interviews, depositions, appearances, and subpoenas that arise out of
Departmental business or affect the Department or the City. Procedures regarding
criminal matters are set forth in Departmental General Order E—l,
DEPARTMENTAL SUBPOENA SERVICE .
I. INTRODUCTION
A. The provisions of Parts II through VIII of this order apply to routine
interviews, affidavits, depositions, and appearances made by
members and employees before State and federal courts, hearings, boards, tribunals, grand juries and other proceedings regarding civil
actions that arise out of Departmental business. These parts of the order do not apply to cases in which neither the Department nor the member or employee is a party.
B. Part IX of this order sets forth additional regulations regarding civil
cases arising out of Departmental business when the Department or a member or employee is the defendant.
C. Part X of this order sets forth procedures to be followed when private
litigation in which a member or employee is involved affects his/her availability for duty or otherwise has an impact on the Department.
II. GENERAL PROVISIONS REGARDING ROUTINE CIVIL ACTIONS
A. In this order, the word “State” is distinguished from the word
“federal” and refers to the State of California. “State” proceedings include those that take place before superior and municipal court judges and commissioners of California.
DEPARTMENTAL GENERAL ORDER E-3 Rev.
25 Apr 00 OAKLAND POLICE DEPARTMENT
B. Members and employees shall be in an on-duty status, either regular
time or overtime. Overtime includes vacation or day-off hours that
are interrupted or canceled by the n ecessity to attend civil actions.
C. Members and employees shall complete the Civil Action Attendance
Record (TF-196) following attendance at every civil proceeding
whether or not overtime is involved.
D. Members and employees shall not volunteer to testify in civil actions
but shall accept and comply with all subpoenas that are legally served.
E. Under most circumstances, members and employees are not required
to appear at any State proceeding outside the county of their residence if the distance is greater than 150 miles from their homes (Code of Civil Procedure Section 1989). Consequently, written approval from a deputy chief for such travel is required.
F. Members and employees shall use City-owned vehicles or common carriers to travel to civil action proceedings whenever transportation
is required. City vehicles shall not be driven beyond a 100 -mile
radius from City Hall without written approval from the Chief of Police.
G. Members and employees shall demand statutory witness and mileage
fees, which shall be submitted to the City. Members and employees shall not solicit nor accept remuneration except for that provided by law.
H. No member or employee shall accept service of a civil
summons/complaint (State or Federal ) on behalf of another member
or employee without his/her written approval. Receipt of the document may be made, but not acceptance of service.
I. Those members or employees who receive, but do not accept service
or any attempt at service, or who accept service on behalf of another member or employee with their written approval shall ensure that the information is recorded on a copy of the civil summons/complaint,
Page 2 of 16
DEPARTMENTAL GENERAL ORDER E-3 Rev.
25 Apr 00 OAKLAND POLICE DEPARTMENT
which the member or employee shall retain until the termination of
the civil proceeding to which it pertains:
• Date and time received
• Type of legal process, civil or criminal
• Nature of document
• Source of document
• Name of plaintiff, complainant, court, magistrate, defendant or
respondent
• Officer assigned for service
• Date of assignment
• Court docket number
• Date service due
• Date and time service was executed/attempted
• Name of officer(s)executing or attempting service
• Name of person on whom legal process was served or executed
• The method of service or reason for nonservice
• The address of service or attempt of service
III. CIVIL ACTION INTERVIEW: MEMBER OR EMPLOYEE
A. For the purpose of this order, an interview is a conference between a
member or employee, his/her superior officer, and a representative of the litigant in a State or federal action. Interviews are voluntary,
but the Department shall normally comply with requests for interviews in the absence of unusual considerations.
B. Interviews regarding civil actions shall not be conducted until related
criminal prosecutions have been completed. The City Attorney may be consulted prior to giving an interview, to determine whether a claim for damages or lawsuit is pending.
C. All interviews between Departmental personnel and litigants’
representatives (attorneys, private investigators, adjusters, etc.) shall be conducted in the presence of a superior officer.
D. The member or employee shall review case reports or other data
either before or during the interview and shall furnish witnesses’ names and all other proper information upon request.
Page 3 of 16
DEPARTMENTAL GENERAL ORDER E-3 Rev.
25 Apr 00 OAKLAND POLICE DEPARTMENT
E. There are no statutory fees or reimbursements for civil action
interviews, and personnel shall not accept or request any gifts for their participation.
F. At the request