62376403 (1).pdf

\n\n--- Page 1 ---\n\nSEMINOLE COUNTY SHERIFF'S OFFICE NUMBER: G - 21 GENERAL ORDER RESCINDS: SUBJECT: Judicial Process EFFECTIVE: November 14, 1994 REVISED: February 7, 2023 I. PURPOSE: This directive defines Sheriff’s Office policy governing receipt of and compliance to court subpoenas, witness compensation, civil litigation, and court attendance. II. ACCEPTANCE OF SUBPOENAS: A. Employees will accept and obey all subpoenas legally served on them pursuant to Florida Statutes, under the following guidelines: 1. Service may be made at an employee's residence; substitute service may be made to any resident of the employee's home provided that the resident is at least 15 years of age; or, 2. Service may be made directly to an employee; or, 3. Service may be made to the employee's supervisor or other designated administrative employee of the Sheriff's Office. 4. Supervisors and designated administrative employees are not required to accept service: a. For a witness who is no longer employed by the Sheriff's Office; b. If the employee is not scheduled to work prior to the date of the appearance; or c. If the appearance date is less than five days from the date of service. B. Employees shall remain aware of the status of all pending court cases in which they may be involved. C. Employees shall respond promptly, and follow all instructions on subpoenas whether on or off duty. D. If any employee is unable to respond to a subpoena for any reason, they are directly responsible for notifying the attorney or other authority issuing the subpoena. E. Employees shall notify the Victim/Witness Office of the State Attorney's Office of any pending leave scheduled prior to the disposition of any trial. This notice shall be given to the Victim/Witness Office in writing before taking the leave. GENERAL ORDER Judicial Process GO # 21 PAGE 1 OF 3\n\n--- Page 2 ---\n\nF. Employees receiving notification to contact the Public Defender or State Attorney's Office will do so promptly. G. A subpoena will have priority over an order issued by a supervisor. 1. If there is a conflict, the employee will advise the supervisor of the subpoena. 2. Supervisors will allow employees to honor subpoenas. III. CIVIL LITIGATIONS: A. Employees shall not testify in civil cases arising out of their employment unless lawfully subpoenaed, except when appearing as a witness on behalf of the Sheriff's Office. B. Employees shall not serve civil process except as directed and authorized by the Sheriff's Office. C. Employees shall immediately notify their supervisors if lawfully subpoenaed to testify in a civil case related to Sheriff's Office business. D. Employees having a civil suit filed against them by reason of any act performed by them, on or off duty, shall immediately notify the Sheriff through the chain of command. E. Employees shall furnish written notification to the Sheriff of their intent to file a suit in any court of law regarding matters arising out of their employment, not less than five days prior to the actual filing date. 1. Employees shall not institute a civil action arising out of their official duties without notifying the Sheriff. 2. Employees shall not accept or agree to accept anything as payment for personal injury or property damage incurred in the line of duty without first notifying the Sheriff. IV. COURT ATTENDANCE: A. Employees responding to subpoenas shall first report to the Security Office at the Civil Courthouse, the Criminal Justice Center, or the Juvenile Justice Center. B. Employees will complete a witness log entry with their name, date and initials. This serves a two-fold purpose: 1. Eliminates the possibility of court action in the event a complaint is lodged against the employee for failing to comply with the subpoena, and 2. Ensures the appropriate overtime is paid to the employee (if applicable). V. WITNESS FEES: A. All witness fees paid to employees as a direct result of their employment shall be endorsed by the employee and submitted to Financial Services for processing. B. Off duty, non-salaried, employees responding to subpoenas will be compensated in the form of overtime pay, if deemed appropriate by their immediate supervisors. C. Employees will not accept any gratuities for interviews with investigators, attorneys, or other persons. GENERAL ORDER Judicial Process GO # 21 PAGE 2 OF 3\n\n--- Page 3 ---\n\nVI. COURT APPEARANCE AND CRIMINAL CASE INPUT: A. Employees will not give depositions or provide case input letters or recommendations to attorneys or non- Sheriff’s Office investigators concerning arrests or investigations or progress of a defendant in a program unless lawfully subpoenaed or appearing in court as a probation officer and in response to questioning or authorized to do so by the Sheriff, or otherwise authorized by this policy. B. When testifying, employees will be attentive and speak in a clear, audible tone of voice. C. Employees will be familiar with the laws of evidence and will testify truthfully, fairly, and respectfully whether being questioned by the prosecution, the defense, or by the court. D. Testimony will be presented in a precise, factual, and concise manner. VII. DEPOSITIONS IN CRIMINAL PROSECUTIONS A. In criminal prosecution cases involving an employee or Deputy as a witness, the Florida Discovery Rules authorize a discovery deposition without service of a subpoena. Instead, Written Notice of the Deposition may be delivered to the address of the Law Enforcement Agency, 5 days prior to the date of deposition. A person who fails to appear as directed in the Notice may be held in contempt of court. Employees receiving such Notice of Deposition shall comply unless otherwise excused by the party issuing the Notice. B. Appearance date conflicts shall be addressed by the employee promptly and brought to the attention of the Office of Chief Counsel if unable to be resolved with the party issuing the notice. GENERAL ORDER Judicial Process GO # 21 PAGE 3 OF 3