Policy Text
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MJ/RCCC
OPERATIONS ORDER
Service of Process on Prisoners
The purpose of this Order is to standardize the procedures for the service of processes
on prisoners at the Main Jail and the Rio Cosumnes Correctional Center (RCCC).
I. Policy
Services of Process shall be accepted by custody staff and serv ed by custody staff
without delay on incarcerated pers ons. Records of such service s shall be recorded and
a copy of the service placed in to the prisoners custody file.
II. Service Procedures
A. For purposes of this order, “processes” are judicial papers that may be
served on a prisoner. Examples are:
1. Restraining orders, child custody orders, notices of motion, writs of
execution, divorces, summonses, and complaints.
B. Persons requesting to serve a process on any Sheriff’s Depar tment
personnel shall be directed to the Sheriff’s Department Civil D ivision.
C. Persons wishing to serve a process on any prisoner shall mak e
arrangements through the Sheriff Departments Civil Division or through
front counter staff at the Main Jail or Gatehouse staff at RCCC .
1. If the requesting person is authorized pass through visit pr ivileges,
he/she may serve the prisoner personally after the process has been
searched for contraband.
D. If the process needs to be personally served, custody staff shall confirm the
document is a process and the defendant/respondent is in custod y.
E. Custody staff will verify the process has the plaintiff’s na me, judge’s
signature, docket number, and durat ion of order before serving the process.
1. Sworn staff shall personally s erve the process by delivering a copy
and explaining the document to the prisoner.
2. The person serving the order will complete the proof of serv ice. A
copy of the process and proof of service shall be placed in the
prisoners file and faxed to the Civil Division.
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MJ/RCCC 3. The service of the process shall be annotated in the appropr iate
housing unit log book.
F. If the process requires the prisoner’s appearance in court, a copy of the
document shall be given to the c ourt coordinator to make the ap propriate
arrangements and schedules.
III. Service Refusals
A. In the event a prisoner refus es to be served, custody staff serving the
document need only verbally advis e the prisoner he/she is being served and
place the document in an area th at is physically accessible to the prisoner.
B. Housing unit staff shall annot ate in the log book that the p risoner refused to
be served.
C. The serving staff member shall complete the proof of service form and fax
it to the Civil Division.
D. The court will view this action as a legal service.
Appendices: None
Related Orders: Field Services Operations Order 7/02, Civil Disputes and Court
Orders
References: None