Policy Text
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
3 01/24/2011 02/01/201 9 08/01/20 20
TUSTIN POLICE DEPARTMENT G ENERAL ORDERS
___________________________
348 - Court Appearance & Subpoenas 1 POLICY 348 COURT APPEARANCE AND SUBPOENAS
348.1 PURPOSE AND SCOPE
This p olicy has been established to provide for the acceptance of subpoenas and to ensure that
employees appear when subpoenaed, or are available to appear in court when requested and
present a professional appearance. It further addresses the serving of civil subpoenas.
348.1. 1 ACCREDITATION STANDARDS
This section pertains to the following CALEA Standards: 74.1.1, 74.1.2 , 74.2.1
This section pertains to the following Standard Operat ing Procedures: SS530
348.1.2 DEFINITIONS
On-Call – When an employee has appeared in court, or is at the time on -duty, and has been told
by a member of the court that he/she is free to leave the court or return to duty, subject to being
available by phon e or email if called back.
Standby – When an employee receives a subpoena of a type which allows him/her to not appear
in court, but remain available by phone or email so that he/she may be directed to appear in court
within a reasonable amount of time.
Trailing Status – When an employee remains on standby status for additional court sessions
until notified otherwise.
Mandatory Appearance – Subpoenas marked as mandatory appearance require an employee’s
physical appearance in the specified court. Failure to appear in a timely manner in the specified
court, either intentionally or by negligence may result in disciplinary action.
348.2 COURT SUBPOENAS
Employees who receive subpoenas related to their employment with this Department are subject
to the prov isions of this policy. Employees should be aware that their compliance is mandatory on
all cases for which they have been properly subpoenaed, or properly notified. This policy applies
to civil and criminal subpoenas. Employees are expected to cooperate wi th the prosecution to
ensure the successful conclusion of a case.
348.2.1 SERVICE OF SUBPOENA
Service of a subpoena requiring the appearance of any department employee in connection with
a matter arising out of the employee’s course and scope of official duties is primarily
accomplished via electronic service from the court(s) or department subpoena clerk. Service may
be accomplished by personal service on the employee or by delivery of two copies of the
subpoena by the employee’s supervisor or other auth orized departmental agent ( Government
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
3 01/24/2011 02/01/201 9 08/01/20 20
TUSTIN POLICE DEPARTMENT G ENERAL ORDERS
___________________________
348 - Court Appearance & Subpoenas 2 Code § 68097.1 and Penal Code § 1328(c)). Subpoena service is also acceptable by courier, or
court liaison from the court .
348.2.2 VALID SUBPOENAS
No subpoena shall be accepted for an employee of this department un less it has been properly
served and verified to have originated from a recognized legal authority.
348.2.3 ACCEPTANCE OF SUBPOENA
a) Only the employee named in a subpoena, his/her supervisor or the department subpoena
clerk shall be authorized to accept s ervice of a subpoena ( Penal Code § 1328(c)) . Any
authorized employee accepting a subpoena shall immediately provide a copy of the
subpoena to the department subpoena clerk. The subpoena clerk shall maintain a
chronological log of all department subpoenas and provide a copy of the subpoena to
each involved employee .
b) Any supervisor or other authorized individual accepting a subpoena on behalf of another
employee , shall immediately check available schedules to determine the availability of the
named employee for the date listed on the subpoena .
c) Once a subpoena has been received by a supervisor or other authorized individual, a
copy of the subpoena shall be promptly provided to the subpoena clerk as well as a copy
to the individually named employee .
348.2.4 REFUSAL OF SUBPOENA
a) Valid reasons for an individually named employee not accepting subpoenas include
illness, military leave, previously approved training , and vacations which are scheduled
and approved, before receipt of the subpoena. Regular scheduled da ys off are not valid
reasons for refusing the subpoena or missing court. If the subpoena has been received by
the individually named employee from the subpoena clerk and a valid reason exists for
refusing the subpoena with supervisor approval or verificati on on the electronic scheduling
system, the subpoena shall be promptly returned to the subpoena clerk with a specified
reason for refusal as well as the dates when the officer will become available. It shall then
become the responsibility of the subpoena clerk to notify the assigned Deputy District
Attorney or other attorney of record of the bona fide unavailability of the employee .
b) If the immediate supervisor or other authorized individual knows that he/she will be unable
to deliver a copy of the subpoena to the named employee within sufficient time for the
named employee to comply with the subpoena, the supervisor or other authorized
individual may refuse to accept service ;
c) If a subpoena is presented for service to an immediate supervisor or other authori zed