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Copyright Lexipol, LLC 2017/11/28, All Rights Reserved. Publish ed with permission by Santa Monica Police Department Subpoenas and Court Appearances - 1 Santa Monica Police Department Santa Monica Police Department Policy Manual Subpoenas and Court Appearances 325.1 PURPOSE AND SCOPE This policy establishes the guidelines for Department members who must appear in court. It will allow the Santa Monica Police Department to cover any related work absences and keep the Department informed about relevant legal matters. 325.2 POLICY Santa Monica Police Department members will respond appropriately to all subpoenas and any other court -ordered appearances. 325.3 SUBPOENAS Only Department members authorized to receive a subpoena on behalf of this Department or any of its members may do so. This may be accomplished by personal service to the officer or by delivery of two copies of the subpoena to the officer's supervisor or other authorized Departmental agent (Government Code § 68097.1; Penal Code § 1328(c)). The party that issues a civil subpoena to a sworn officer to testify as a witness mus t tender the statutory deposit of $275 with the subpoena for each day that an appearance is required before service is accepted of the subpoena (Government Code § 68097.2). An immediate supervisor or authorized individual may refuse to accept service for a criminal subpoena if (Penal Code § 1328(d)(e)): (a) He/she knows that he/she will be unable to deliver a copy of the subpoena to the named officer within sufficient time for the named officer to comply with the subpoena. (b) It is less than five working days prio r to the date listed for an appearance and he/she is not reasonably certain that service can be completed. If, after initially accepting service of a criminal subpoena, a supervisor or other authorized individual determines that he/she is unable to deliver a copy of the subpoena to the named officer within sufficient time for the named officer to comply with the subpoena, the supervisor or the subpoena clerk shall notify the server or the attorney named on the subpoena of such not less than 48 hours prior to the date listed for the appearance (Penal Code § 1328(f)). 325.3.1 CIVIL SUBPOENA The Department will compensate members who appear in their official capacities on civil matters arising out of their official duties, as directed by the current memorandum of understanding or collective bargaining agreement. The Department should seek reimbursement for the member’s compensation through the civil attorney of record who subpoenaed the member. Policy 325 Copyright Lexipol, LLC 2017/11/28, All Rights Reserved. Publish ed with permission by Santa Monica Police Department Subpoenas and Court Appearances - 2 Santa Monica Police Department Santa Monica Police Department Policy Manual Subpoenas and Court Appearances 325.3.2 OFF-DUTY RELATED SUBPOENAS Members receiving valid subpoenas for off -duty actions not related to their employment or appointment will not be compensated for their appearance. Arrangements for time off shall be coordinated through their immediate supervisors. 325.4 FAILURE TO AP PEAR Any member who fails to comply with the terms of any properly served subpoena or court -ordered appearance may be subject to discipline. This includes properly served orders to appear that were issued by a state administrative agency. 325.5 STANDBY To facilitate standby agreements, members are required to provide and maintain current information on their addresses and contact telephone numbers with the Department. If a member on standby changes his/her location during the day, the member shall notify th e designated Department member of how he/she can be reached. Members are required to remain on standby until released by the court or the party that issued the subpoena. 325.6 COURTROOM PROTOCOL When appearing in court, members shall: (a) Be punctual and prepared t o proceed immediately with the case for which they are scheduled to appear. (b) Dress in the Department uniform or business attire. (c) Observe all rules of the court in which they are appearing and remain alert to changes in the assigned courtroom where their mat ter is to be heard. 325.6.1 TESTIMONY Before the date of testifying, the subpoenaed member shall request a copy of relevant reports and become familiar with the content in order to be prepared for court. 325.7 OVERTIME APPEARANCES When a member appears in court on his/her off -duty time, he/she will be compensated in accordance with the current memorandum of understanding or collective bargaining agreement.