Policy Text
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
3 01/24/2011 09/01/201 9 03/01/20 21
TUSTIN POLICE DEPARTMENT
STANDARD OPERATING PROCEDURES
SS530 - Legal Processes 1 SS530 LEGAL PROCESSES
SS530.1 PURPOSE AND SCOPE
The Tustin Police Department has established a policy for the acceptance of subpoenas and to
ensure employees appear when subpoenaed . This procedure details the responsibilities of the
Records Unit Subpoena Clerk in the process.
SS530.1.1 ACCREDITATION STANDARDS
This procedure pertains to the following CALEA standards: 74.1.1 , 74.1.2, 74.2.1
This procedure pertains to the followi ng General Order: §348
SS530.2 SUBPOENA CLERK PROCEDURES
The Tustin Police Department Records Unit Subpoena Clerk is responsible for recording
subpoenas served to its employees . Subpoenas are recorded and as signed electronically
through email and SMS messages generated by the Orange County District Attorney’s Office .
Officers and employees are served subpoenas electronically via the email system during the
course of their duty . Proof of service is returned di rectly to the District Attorney via email.
Subpoena logs are maintained by the Records Unit Subpoena Clerk.
The following information is logged for every subpoena:
a) Status of officer/employee (ex. available , vacation, school, et c.);
b) Court docket number or other official tracking number;
c) Type of legal process: civil, criminal, or other ;
d) Date, time , and court room number officer/employee is due in court;
e) Name of plaintiff/complainant or name of defendant/respondent ;
f) Name of officer/employee assigned for service ;
g) Case Number;
h) Date and time Orange County District Attorney’s Officer made contact about subpoena ;
i) Date forwarded to officer/employee .
SS530.3 ELECTRONIC SUBPOENA ACCEPTANCE
All subpoenas received are ON CALL, unless otherwise noted on the subpo ena. Traffic
appearances are typically on Tuesdays. Traffic subpoenas are MANDATORY appearances. All
electronic subpoenas need to be acknowledged in a timely manner, preferably on the first
workday they are received.
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
3 01/24/2011 09/01/201 9 03/01/20 21
TUSTIN POLICE DEPARTMENT
STANDARD OPERATING PROCEDURES
SS530 - Legal Processes 2 SS530.3.1 ACCEPTANCE OF SUBPOENA
If you are accepting a subpoena to be placed on call:
a) Click on the link at the bottom of your subpoena email that says: “Clicking here confirms
my appearance unless specifically excused by the DA’s office or the Court .”;
b) Forward a copy of your email to th e “subpoena email ” with your notes “I am available.” ;
c) If you are accepting the subpoena, but within the next 10 days have a pre -planned
vacation/school day, please make a note of that as well. Notification will be made to the
OCDA’s Office regarding your sc hedule.
SS530.3.2 REFUSAL OF SUBPOENA
If you need to refuse a subpoena due to vacation or school:
a) DO NOT click on the link at the bottom of your subpoena email ;
b) Forward the email to your supervisor for approval of your refusal ;
c) Be sure to include in your email your next available date for court ;
d) Supervisors need to forward the same email to the subpoena email as soon as possible
with their comments “Approved” so the OCDA’s Office can be notified .