Police Department Policy

301638

Orange County Sheriffs Office

Policy Text
ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: August 26, 2025  Amends - GO 16.1.14 ( October 4, 2023 ) Number: 16.1.14 Distribution: All Personnel Review Month: February Reviewing Authority: CSCD / Judicial Process Subject: Witness Management/Compensation For And Response To Subpoenas This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this policy is to provide direction to agency personnel with regards to all court appearances. 2. Policy It is the policy of the agency that appearances in criminal court and related hearings and depositions are a mandatory and necessary du ty and responsibility of agency personnel. Agency personnel shall follow the instruction of the Orange County Sheriff’s Office Witness Management Squad, the Assistant State Attorney and/or the State Attorney’s Witness Management Coordinator as it relates to their appearance in court. Agency personnel responding to court appearances and depositions issued by the prosecution or the defense are entitled to be compensated for any required appearances during off -duty hours. 3. Definitions A. Court Notification – an electronic notification from the State Attorney’s Office , after being checked as served from the designated receiver, sent directly to agency personnel notifying them of their mandatory appearance and/or standby trial period for court. T he Court Notification has the same force and effect as that of a subpoena. B. Court Proceeding Log – this form is used by the D esignated Receiver to record the receipt and acknowledgement of any type of hearing, subpoena, or Notice of Deposition in a court case. C. Designated Receiver – an agency member responsible for maintaining the Court Proceeding Log, accepting subpoenas, electronic court notifications and/ or other court related documents for their assigned division/section personnel. D. Mandatory Juvenile Court Notification Reminder – after the issuance of a Court Notification, an electronic notification from the State Attorney’s Office called a Mandatory Juvenile Court Notification Reminder will be sent directly to agency 16.1.14, Page 2 of 7 personnel notifying them of their mandatory juvenile court appearance. This reminder will be sent out approximately one (1) week prior to a mandatory juvenile court appearance. E. Notic e of Deposition - a notification received via U.S. mail or by electronic means to secure the appearance of an agency member at a deposition. Agency personnel who fail to appear on such notice are subject to contempt proceedings and/or administrative actio n. F. Off-Duty Hours - time other than scheduled or adjusted work hours. G. Orange County Sheriff’s Office Witness Management Squad – is responsible for assuring that Court Notifications are updated in a timely manner by the designated receivers. The Witne ss Management Squad is also responsible for collecting and dispersing witness subpoenas, summons and non -enforceable court orders that come into the section from Clerk of the Courts, private attorneys, and private citizens via U.S. postal service. H. Stand by Notification – after the issuance of a Court Notification an electronic notification from the State Attorney’s Office called a Standby Notification will be sent directly to agency personnel notifying them they are on standby for trial commencing on a da te specific trial period. The standby trial period may be extended, continued, or rescheduled by the State Attorney’s Office; agency personnel can only be released from the standby trial period by the prosecuting attorney or the State Attorney’s Office Wit ness Coordinator. I. Subpoena - a writ commanding a person to appear in court for a trial or a hearing. J. Update Court Notifications – an electronic notification sent by the State Attorney’s Office to a Designated Receiver that contains a list of Court No tifications that have been issued for their assig ned division/section personnel 4. Procedures A. Receiving Court Notifications 1. Each division/section shall receive a daily email from the State Attorney’s Office that contains a link titled “Update Court Notifications.” The Designated Receiver shall click on the link to open the State Attorney’s Office webpage that contains a list of Court Notifications issued for their respective agency personnel. The Designated Receiver shall electronically mark each notification as served or un -served based on personnel availability. If a notification is marked “un -served” a drop down box will appe ar and the reason why the service was not made will be documented. For additional information, see Legal Bulletin 1994 -09. Those provisions are in addition to rules discussed in this General Order. 2. The Designated Receiver s hall electronically submit the completed list to the State Attorney’s Office within two (2) days of receiving the notifications. Upon the response from the Designated Receiver, agency personnel shall 16.1.14, Page 3 of 7 then receive an electronic Court Notification from the State Attorney’s Office directing them to appear for court for a specific trial period. 3. The Designated Receiver can search the State Attorney’s Office webpage at any time to determine if an employee received a Court Notification and if it was served or unserved. Searches can be done by entering the employee’s identification number in the officer ID field and last name of the employee. 4. The Designated Receiver shall sti ll receive a hard copy subpoena for agency personnel from the Public Defender’s Office, out of county courts, private attorneys and for traffic hearings from the Orange County Clerk of Court. 5

Why Attorneys Choose FlawFinder

Side-by-side with Westlaw and LexisNexis

FeatureWestlawLexisNexis
Monthly price$19 - $99$133 - $646$153 - $399
ContractNone1-3 year min1-6 year min
Hidden fees$0, alwaysUp to $469/search$25/mo + per-doc
Police SOPs✓ 310+ departments
Zero-hallucination AI✓ CitationGuard
CancelOne clickTermination feesNo option to cancel
FlawFinder provides legal information, not legal advice. Consult an attorney for specific legal guidance.