Police Department Policy

8-02 Subpoena Service on Departmental Employees (REV 6-20)

Sacramento County Sheriff

Policy Text
Page 1 of 2 8/02 (REV 6/20) Subpoena Service on Departmental Employees The purpose of this General Order is to provide compliance in the efficient processing and the service of civil subpoenas upon departmental personnel and criminal subpoenas requiring employees’ attendance at criminal trials outside of Sacramento County. These provisions shall only apply to incidents arising out of the employees’ course and scope of employment with the Sacramento S heriff’s Office . I. Civil Subpoenas A. Any individual attempting to serve a “civil” subpoena on an officer, employee, or member of this Department, shall be referred to the Custodian of Records at the Records Bureau , who is the person designated to accept serv ice of such subpoenas as provided in Government Code Section 68097.1. The Records Bureau will determine that there is reasonable time to ensure that the employee will be able to attend and that proper fees have been deposited. Civil subpoena s will be s ent to the Court Liaison Unit for review, entry into the Subpoena Tracker System , and for service on the employee. B. Court Liaison will notify and provide a copy of the subpoena to the employee through the subpoena tracker via email . Receipt of the subpoen a shall be verified prior to the hearing date through the subpoena tracker . Any employee notified and given a copy of the subpoena shall attend the court, disposition, or other tribunal hearing. Upon completion, the employee sh all fill out the Witness Appearance Verification form and return it to the Fiscal Unit. Return the subpoena to the Sheriff’s staff travel coordinator with the date and time of appearance so that proper billing can be prepared. The employee sh all post all time spent in cou rt pursuant to the civil subpoena on their timesheet for compensation. C. Subpoena duces tecum requesting the production of official records of the Sheriff’s Office shall be served on the Custodian of Records for the Records Burea u. The Records Bureau will e nsure that the subpoena is timely and is proper as to form. (The subpoena shall be sent to the Department Legal Advisor , who shall coordinate the authorization and release of official Sheriff’s records. The party subpoenaing such record s shall be billed fo r all recoverable charges pursuant to Evidence Code Section 1563 . Page 2 of 2 8/02 (REV 6/20) II. Criminal Subpoenas – Out-of-County A. All criminal subpoenas requiring attendance outside of Sacramento County shall be served on the Custodian of Records in the Records Bureau . Court Liaison shall notify and provide a copy of the subpoena to the named employee(s). B. Any employee who is served with a “criminal” subpoena requiring attendance at trial outside the County of Sacramento shall make the appropriate travel arrangements with the Department travel coordinator, Sheriff’s Administrative Division, no later than the next workday following receipt of the subpoena. The travel coordinator shall ensure that proper arrangements are made for travel, meals, lodging, and witness fees.

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