Policy Text
Sari F~dsco Police Department 3.14
-- . GENERAL ORDER
CIVIL LEGAL PROCESS
The purpose of this order is to instruct members in the procedures for accepting and
processing civil legal papers regarding actions connected with the course and scope
of their employment.
I. DEFINITIONS
A. Complaint:
B. Summons:
C Subpoena: A statement by the plaintiff setting forth a
muse of action and a request for relief from
the Court.
Notice to respond to a complaint within a
specified period.
An order which directs the appearance of a
witness.
D. Subpoena Duces Tecum: An order which directs the production of
documents or records. Personal appearance - may or may not be required.
E. Temporary Restraining Order: &.order from the court directing or
prohibiting some action.
F. Order to Show Cause (OSC): An order requiring the appearance of named
parties in court to tell the court why some
actions should or should not take place.
11. GUIDELINES
A. THE LAW REGARDING SUMMONS AND COMPLAINTS
1. SUBSTITUTE SERVICE
a. Individuals are entitled to be personally served with a Smons and
Complaint; however, if a process server has made a reasonable and
diligent effort to personally serve the individual, but is unsuccessful,
substitute service is authorized.
DGO 3.14
07/20/94 ._
b. Substitute service is accomplished when a Summons and Complaint is
delivered to an individual's place of work and is left with the person
who is apparently in charge. A copy is then mailed to the place of work
addressed to the individual to be served. Service is deemed completed
10 days after the mailing.
c The person in charge must receive the Summons and Complaint and
forward it to the named individual.
2 SERVICE BY MAIL. Service by mail is accomplished when a server sends a
copy of the Smons and Complaint by mail, together with two copies of
a "Notice and Return of Acknowledgement," with a return envelope. The
individual to whom the Summons and Complaint is directed must
complete and return the .acknowledgement in 20 days or must pay for
other permissible methods of service.
. PROCEDURES
A. ACCEPTING AND RESPONDING TO .LEGAL PROCESS. These procedures
affect all members, including those on vacation, disability, sick, military, or
personal leave or suspension. If a member is absent or unable to mmply with .-+.-
the provisions of this order, the officer-in-charge of the unit must prepare a
memorandum describing the method of service and the circumstances of the
member's absence. Failure to comply with these procedutes, or failure to
respond in a timely fashion may result in a default judgement, and the
member may be subject to disciplinary action.
1. SUBPOENAS. All subpoenas (civil or criminal) for individual members
shall be processed and routed through the Court Liaison Unit in the same
manner as other subpoenas. Department policy does not prohibit personal
service of a subpoena or substitute service through the officer-in-charge of
the member; however, the officer-in-charge may decline receiving a
subpoena if he/she is unable to serve the member in a timely manner (see
Penal Code Section 1328).
DGO 3.14
07/20/94
2. SUMMONS AND COMPL;UNT/DTJllES OF MEMBERS
a. When receiving a Summons and Complaint (they usually accompany
one another) relating to your employment with the Department,
immediately forward them to the Legal Division along with any
documents or memoranda.
b. Prepare a memorandum indicating the date, time and method of
service. If you request representation by the City Attorney, include it in
the memorandum.
c When receiving a Summons and Complaint by mail with a "Notice
and Acknowledgement of Receipt," sign the receipt, enter the date, and
forward it along with any other documents or memoranda to the Legal
Division.
3. SUBPOENA DUCES TECUU When a subpoena Duces ~ecum is received by
any unit, the subpoena shall be sent to the Legal Division for review prior
to complying with the order.
4. QUESTIONS. Should you have any questions regarding service of Civil
legal Process, contact the Legal Division. When in doubt, accept the
documents presented and forward them to the Legal Division with a
memorandum as outlined in these procedures.
B. LEGAL DMSION RESPONSIBILITIES. The Legal Division is designated to
accept Summons and Complaints and Subpoenas on behalf of the
Department It receives and reviews Temporary Restraining orders for
completeness before forwarding them to the Identification Section. The Legal
Division also accepts Orders to Show Cause, and reviews them for correctness
before advising the respective unit to appear.