1.11 COURT PROCEDURES AND SUBPOENAS

SAN DIEGO POLICE DEPARTMENT

PROCEDURE

DATE: SEPTEMBER 11, 2020

NUMBER: 1.11 - ADMINISTRATION

SUBJECT: COURT PROCEDURES AND SUBPOENAS

RELATED POLICY: 1.11

ORIGINATING DIVISION: OPERATIONAL SUPPORT

NEW PROCEDURE: 

PROCEDURAL CHANGE:  MINOR CHANGES

SUPERSEDES: DP 1.11 – 06/21/2018

All portions of this document in bold print are deemed by the San Diego Police Department to be

records of security procedures and are exempt from disclosure under the California Public Records

Act by Section 6254(f) of the California Government Code.

I. PURPOSE

This Department procedure establishes guidelines for members to follow when receiving

subpoenas, being excused from subpoenas, and when testifying in court.

II. SCOPE

This procedure applies to all members of the Department.

III. SERVICE PROCEDURES

A. All work-related criminal, civil, and Civil Service Commission subpoenas will be

accepted for service by the command/unit subpoena clerk, if received a minimum

of five court days prior to the court appearance date, not including the issue date,

court date, weekends and holidays. This includes subpoenas from the Sheriff’s

Office, process servers, and other agencies (DMV, Parole, etc.).

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B. Subpoenas submitted to the Department fewer than five days before the scheduled

court appearance will not be accepted. The agency copy of the subpoena is to be

stamped "REFUSED TO ACCEPT, SHORT NOTICE SUBPOENA." The unit

subpoena clerk will record on the DA27 screen an "N" for not served, with the

appropriate comment. An entry will also be made in the computerized Subpoena

Log located on the LAN. The stamped agency copy will be sent to the Court

Liaison Unit and a copy of the subpoena will be faxed to the Court Liaison Unit

immediately.

C. The Subpoena Log is a database used by the Department to track and retrieve

subpoena information. This database is located on the LAN at I:\DB

Apps\Batches\subpoenas.bat. This log is used by the entire Department to track

subpoenas. It allows officers, commands, and the Court Liaison Unit to research

subpoena information. It is imperative that information entered into this log be

timely, accurate, and includes all relevant information regarding the subpoena.

1. The Subpoena Log will be used when an automated subpoena is printed or

when a subpoena is received by the Department for a member. Once the

subpoena is served, entries will be made without delay. If a subpoena will

not be served prior to the court date, the comments shall indicate the

reason. Only command subpoena clerks have access to make entries into

the Subpoena Log.

2. Anyone with LAN access has “Read Only” access to the Subpoena Log.

Launch the database by double-clicking on “subpoenas.bat.” Once the

program launches, a message box will pop-up with the message, “You

have read only permissions.” Click OK. To view individual subpoenas;

Click the “Set Filter” button, enter the number 4, click OK, enter

individual ID number, and then click OK. To page through the subpoenas

use the arrow buttons at the bottom of the page next to “Record.”

D. Individual members may be served in person by process servers, other agencies

(DMV, parole, etc.), or representatives from the District Attorney’s Office or City

Attorney’s Office up to the date of appearance and shall not refuse service with

less than five days’ notice.

E. Subpoenas received in Records Division will be forwarded immediately by FAX

to the concerned command or supervisor for service. Subpoenas received via

Teletype will be forwarded from the Records Division subpoena clerk to the unit

subpoena clerks.

1. Division captains or their designees are responsible for ensuring timely

service, logging, and return of subpoenas for employees assigned to their

command. Subpoenas received for employees no longer assigned to the

command will be forwarded directly to their new assignments. If the new

assignment is not known, call the Human Resources Division at (Deleted

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– records of security). for the current assignment. Short notice

subpoenas should be faxed or hand-delivered to the new command.

2. All subpoenas received by a command will be date stamped, then entered

into the Department’s Subpoena Log. They will be entered by: command,

issue date, officer ID, officer name, defendant name, prosecutor case

number, court date, court time, and court department. Supervisors serving

subpoenas will legibly sign them, and include their rank, ID number, and

date of service. Employees will sign and date the subpoena,

acknowledging receipt. Supervisors will return the signed subpoena on

the day of service to the subpoena clerk. Upon receipt of the served

subpoena, the subpoena clerk will enter service information into the

Subpoena Log indicating: served by, served date and supervisor serving.

This will complete the Subpoena Log entries. The comments field will be

used by subpoena clerks to enter additional information such as: call-off

information, subpoena not served (stating reason) and any other

information that would be relevant to a specific subpoena. Without delay,

the subpoena will be returned to the Court Liaison Unit (MS 721B) or

Kearny Mesa Court Liaison (MS 36), as appropriate.

3. Command subpoena clerks are responsible for continued monitoring of the

subpoena log for non-served subpoenas. Daily inquiries should be made

when a court date is near and the subpoena has not been returned as

served.

F. Members are responsible for recording appearance dates and preventing loss of

subpoenas. Should a subpoena become lost, members should check with their

division or unit subpoena clerk for subpoena information. Officers may also

locate the subpoena information via the Department’s Subpoena Log on the LAN.

G. Members are required to comply with any special instructions listed on subpoenas

such as calls to attorneys or calling the recording for call off information. Calls to

attorneys are to be made the first business day following receipt of the subpoena

to determine whether to appear at the time specified on the subpoena or at a future

date that is agreed upon. Members unable to reach attorneys are to appear as

instructed by the subpoena. Unless mitigating circumstances exist, members who

appear in court, off-duty, on cases listed on the call off recording are not eligible

for overtime.

H. Subpoenas issued by criminal defense attorneys shall be handled in the same

manner as subpoenas issued by the prosecution. Such subpoenas deserve the

same high standard of response, including preparation, unbiased testimony and

courtesy, in all respects. Members subpoenaed by the defense in criminal cases

are to immediately contact and advise the prosecutor of the subpoena. The fact

that a member is subpoenaed by the defense does not mean that the member must

discuss the case with the defense attorney prior to trial. Members subpoenaed by

the defense may only be released or called-off by the defense attorney.

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I. A telegraphic or faxed copy of a subpoena for a witness in a criminal proceeding

is as effectual as the original subpoena.

IV. AUTOMATED SUBPOENA SYSTEM

A. Electronic subpoenas are received at all locations set up with a destination code.

Those subpoenas should be called up by the unit subpoena clerk on the DA37

screen at least once daily, Monday through Friday.

B. If an electronic subpoena is received in error by a unit (e.g., employee has been

transferred to another division), or the person is no longer a member of the

Department, the Records Division Subpoena Clerk shall be notified immediately.

The Records Subpoena Clerk will make appropriate corrections in the computer

system and, if necessary, FAX and interoffice the subpoena to the correct

division.

C. After the unit subpoena clerk prints the subpoenas, both agency and member

copies will be sent to the appropriate supervisor for service. Upon their return,

the unit subpoena clerk will acknowledge service or non-service on the DA27

screen. The original subpoenas for Kearny Mesa Court will be mailed to the

Traffic Court Liaison Officer at MS 36. All others will be mailed to the Court

Liaison Unit at MS 721B.

V. EXCUSE FOR NON-APPEARANCE

A. As a result of a June 2005 court decision, Baustert v. Superior Court, 129 Cal.

App. 4th 1269 (2005), a Declaration is needed from any sworn officer or civilian

employee requesting an excusal from a subpoena in criminal cases only. This

form titled “Officer Declaration for Continuance” will be used for all requests for

subpoena excusals. This form is on the LAN, at

F:\Templates\Administrative\SubpoenaContinuanceRequestFormdoc.

1. The Officer Declaration for Continuance will be used if an employee is

requesting to be excused from a court appearance due to vacation, military

leave, scheduled training class outside of San Diego County, conflicting

court appearance, family emergency, or any other reason where the

employee needs to be excused from court.

2. This form is required for all employees who will not be served a subpoena

including subpoenas issued via the Automated Subpoena System. This

includes employees on industrial leave. If the command receives a

subpoena for an employee that will not be served, the employee’s

supervisor must submit this form for the person.

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B. Subpoenas arriving prior to an employee's scheduled vacation, compensatory

leave, or Department authorized training will be served. None of the above types

of leave shall be sought or granted, once a subpoena has been served, that would

conflict with the member's court appearance. In order for a member to be excused

from a court appearance, the member must first obtain their supervisor's approval,

and then follow the procedures listed below:

1. Misdemeanor and traffic cases to include South Bay Traffic Court –

Prepare an Officer Declaration for Continuance Form, have it approved by

a supervisor and mail it to the Court Liaison Unit (MS 721B) or Traffic

Court Liaison (MS 36), as appropriate. If the appearance date is less than

ten working days from date of service, immediately fax a copy of the

served subpoena and the Officer Declaration for Continuance Form to the

appropriate Court Liaison Unit. Mail the original Officer Declaration for

Continuance Form and the signed subpoena to the Court Liaison Unit. If

the officer is not available, the immediate supervisor shall submit the

Officer Declaration for Continuance Form.

2. In all cases with an assigned prosecutor (e.g., District Attorney, City

Attorney), defense attorney, or hearing officer the member will personally

contact (a phone message does not constitute personal contact) the

assigned prosecutor, defense attorney, or hearing officer a minimum of ten

days prior to the appearance date. If an agreement is reached, the member

will complete an Officer Declaration for Continuance Form, have it

approved by a supervisor and mail it to the Court Liaison Unit at MS

721B. If the member is not available (vacation, training, sick leave, etc.) a

supervisor shall make the necessary contacts and submit a Declaration for

Continuance Form.

3. Subpoenas for members on extended industrial, maternity, or sick leave,

who have been administratively transferred to the Human Resources

Division, shall be forwarded to the Medical Assistance Unit (MS 778). If

the member is able to attend court, a Medical Assistance Supervisor will

arrange to have him/her served in person or by telephone. If the member

is not able to attend court, the Medical Assistance Unit will submit the

Officer Declaration for Continuance Form. Upon request, it is the

member's responsibility to provide the court with a physician's excuse

from attending court.

4. Only the subpoenaing party or agency can excuse a member from an

appearance. The prosecution cannot excuse an appearance on a defense

subpoena.

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5. The court will consider prior commitments of member witnesses in the

same manner as it would consider prior commitments of lay witnesses

when deciding whether or not a good cause for continuance exists. If

problems or questions arise concerning the above procedures, contact the

Court Liaison Unit between 0600 and 1600 hours at (Deleted – records of

security) or the 24 hour message line at (619) 533-5561.

C. Members required to appear on separate cases on the same date and time shall

contact the Court Liaison Unit at (Deleted – records of security). This call

should be made upon receipt of the second, conflicting subpoena. Depending on

circumstances an Officer Declaration for Continuance Form may be required.

D. Members who are ill, or for any other reason cannot appear in court on the day of

the trial, are responsible for contacting the Court Liaison Unit at (Deleted –

records of security), if it is a City Attorney/Misdemeanor Case, or for Kearny

Mesa or South Bay Traffic Court cases contact the Traffic Court Liaison Officer

at (Deleted – records of security), or the assigned District Attorney.

E. Members delayed while traveling to court shall immediately notify the Court

Liaison Unit at (Deleted – records of security), Downtown Court Waiting Room

at (Deleted – records of security), or for Kearny Mesa or South Bay Traffic

Court the Traffic Court Liaison at (Deleted – records of security). Court Liaison

personnel will notify the court and the case may be trailed until the member

arrives.

VI. COURT STAND-BY

A. Members subpoenaed for City Attorney cases at 1100 Union Street are to report

to the officers’ waiting room at the time indicated on the subpoena. Members

subpoenaed to attend Kearny Mesa Court are to report to the officers’ waiting

room at the Traffic Court, 8950 Clairemont Mesa Boulevard. Members

subpoenaed to attend South Bay Traffic Court at 500 3

Avenue Chula Vista

Department 5, are to report at the time indicated on your subpoena. Members

shall report to the location indicated on all other subpoenas.

B. There are situations where, by mutual agreement between the prosecutor and the

member, the member can assume stand-by status while on or off-duty. These

arrangements must be coordinated through the Court Liaison Unit, as they have

accountability for the member's presence in court.

C. Members are not eligible for overtime pay while off-duty and on voluntary

stand-by status away from the court. Stand-by status away from the court while

off-duty cannot be required of a member without compensation.

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VII. PRE-TRIAL CONFERENCE

A. A pre-trial conference with an attorney is not required by law. At the member's

discretion, arrangements via the member's commanding officer may be made for

an interview at the area station with any attorney or attorney's representative,

either before or after shift, not to exceed 30 minutes.

B. The prosecutor must be advised in advance of any such interview involving a

criminal case. In any other case in which the City might possibly be a party to

any civil action, the members should advise a Police Legal Advisor at (Deleted –

records of security).

C. Members may receive up to 30 minutes of overtime for this conference.

D. Members will extend the courtesy of telephoning an attorney or his or her

representative when requested to do so. Time spent in this manner is not

compensatory.

E. Members attending pre-trial conferences with any prosecuting agency

representative should maintain case confidentiality. Persons not involved in the

matter may not sit in on such meetings.

VIII. TESTIFYING IN COURT, DEPOSITIONS, AND HEARINGS

A. Members shall not negotiate, directly or indirectly, any compromise or

arrangement for the purpose of permitting any person to escape the penalty of the

law; nor shall any member interfere with the courts of justice.

1. It is inappropriate for Department members to have contact with members

of a jury. Department members should not attempt to contact jurors.

2. In the event that a juror attempts to converse with a Department member,

the member should explain the conflict and politely excuse himself or

herself from the conversation. Department members may respond to

simple greetings and queries such as requests for directions within the

Courthouse.

B. Members must review all reports relating to the case prior to appearance in court.

In some cases, it is advisable to revisit the scene of the incident. Any errors

noted on the reports or citations must be brought to the attention of the

prosecutor prior to the trial.

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C. Physical evidence is to be transported by the arresting officer who must maintain

custody of the property until it is entered into evidence. Items not entered into

evidence or property not retained by the court shall be returned to Department

custody by the officer.

D. Vehicles with “exempt” license plates may park at metered spaces without

having to pay the meter. Exempt license plates DO NOT allow vehicles to be

parked in red zones, or areas designated for passenger drop off or loading.

E. Members on Department business or attending court off-duty are permitted to

park unmarked Department vehicles or their private vehicles at the Community

Concourse Parkade. Upon exiting, members shall sign the log maintained by the

attendant. Department vehicles are to be parked legally unless an emergency

exists or situations require it. For additional information refer to Department

Procedure 1.12, Operations of Police Department Vehicles and Department

Procedure 7.07, Parking Enforcement Procedures.

F. Members may park at any San Diego Trolley parking lot and ride the Trolley to

Court. Members should exit the Trolley at the 300 West C Street, and walk to

the Courthouse. Be sure to board the Trolley for the Court House Trolley Stop.

Members will not be required to buy tickets for the Trolley, but must show their

Department identification card to Trolley security officers if asked to show their

ticket. Department ID cards may be used in place of Trolley tickets by members

on official business only. Members shall not use their Department ID when

riding the Trolley on personal business. Members who become involved in

enforcement actions while riding the Trolley shall send a copy of the

arrest/incident report to the Court Liaison Unit at MS 721B.

G. Members shall attend court in full uniform (including leather gear) or in civilian

clothes, as outlined in Department Procedure 5.10, Uniforms, Equipment, and

Weapons. No person other than a Peace Officer on OFFICIAL business, within

courthouse facilities, shall possess a firearm, knife, taser, teargas, stun gun, or

similar device listed in Penal Code sections 171b, 244.5, 17240 and 17250. On-

duty police officers who are appearing in court as a requirement of their duties

are an exception to this order. Members who are appearing in court as litigants

in personal matters are not exempt and must not bring firearms or any of the

above listed items into any courthouse facility. Jury duty is considered personal

business for the application of this procedure. Violators may be prosecuted for a

violation of Section 171b of the Penal Code.

H. It is every member’s responsibility to be punctual and available at all times

during court proceedings. Absences must be coordinated with the prosecuting

attorney assigned to the case and the Court Liaison Unit.

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I. Members are expected to closely monitor court proceedings and know the status

of their case (whether it has been continued, dismissed, transferred to another

courtroom, etc.).

J. Parking for members attending Kearny Mesa Traffic Court will be on the east or

west side parking lots. The north side is reserved for court staff.

IX. SERVICES PROVIDED ON EMPLOYEE'S OWN TIME

Police Department members, who have become experts in their fields and are called upon

to do work or testify for outside or private agencies on their own time, may receive direct

payment for such services, provided:

A. Such service is not connected with any matter that was perceived or investigated

in the course of the member’s duties with the Police Department; and,

B. The member has permission to engage in outside employment as specified in

Department Procedure 5.12, Outside Employment.

X. OUT-OF-COUNTY SUBPOENAS

A. Members must respond to any out-of-county criminal subpoena regarding an

event or transaction that was perceived or investigated in the course of their

duties if it meets the following conditions:

1. The subpoena meets all the legal requirements as to form and content;

2. The subpoena is served as prescribed by law within a reasonable time

prior to the court appearance; and,

3. The place of the trial is within 150 miles of the member's place of

residence, or the judge has endorsed on the subpoena an order for the

attendance of the witness.

B. Members required to appear in court on their regularly scheduled work day will

be excused from their normal work assignment. They will be carried on the

payroll as working a "Special Detail" and will receive their normal salary from

the City. Members may receive overtime if their total hours are in excess of ten

hours based on actual time in court and reasonable travel time. Members

assigned to late night shifts may, at their own discretion, request to have their

days off changed or working hours adjusted so they will have sufficient rest.

NOTE: Subpoenaed members must notify their supervisors at least 72 hours in

advance of the out-of-county court appearance for scheduling purposes.

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C. Members appearing on their days off will submit the subpoena to their immediate

supervisor and enter the appropriate time information on their bi-weekly labor

card. Time entered should include actual hours in court and reasonable travel

time.

D. Transportation to and from the court of appearance is the responsibility of the

member subpoenaed. Department vehicles will not be utilized for any

out-of-county appearances.

E. Upon written order of the court, members subpoenaed for an out-of-county

criminal court appearance are entitled to a reasonable sum for necessary expenses.

These expenses shall include transportation to and from court, measured from the

member's place of residence, with meals and lodging, if required. At the time of

the court appearance, the member must obtain the necessary forms required for

the reimbursement of funds from the Court Clerk. It will be the member's

responsibility to request such payment for expenses. Members are not entitled to

receive witness fees since their salary is paid by the Department (P.C. § 1329(b).)

F. Members must have the Court Clerk stamp their subpoenas with the court "file

stamp" verifying appearance for each day in court.

G. Members who have questions regarding subpoenas are directed to call the Court

Liaison Unit at (619) 533-5561.

XI. OUT-OF-STATE CRIMINAL SUBPOENAS

California has adopted the Uniform Act to Secure the Attendance of Witnesses from

without the State in Criminal Cases (P.C. §§ 1334 – 1334.6). Any member receiving

such a subpoena should contact the Police Legal Advisor's Office at

(Deleted – records of security).

XII. CIVIL SUBPOENAS

A. Service may be made statewide. The only limitation is one requiring that the

witness be a resident within the state at the time of service.

B. Members subpoenaed for a civil trial or deposition appearance shall receive their

normal salary (and expenses, if any) from the City for time at court, including

travel time. In accordance with California Government Code section 68097.7, it

is a misdemeanor for any person to pay or offer any additional consideration for a

member's services, with regard to any matter which he or she witnessed or

investigated in the course of his or her duties, or for any member to ask or receive

any other payment other than reimbursement through the City for salary and out-

of-pocket expenses.

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C. These provisions shall also apply to subpoenas issued for arbitration board

hearings and/or depositions.

D. Subpoenas issued by the Department of Motor Vehicles on license revocation

hearings which call for the member's appearance outside San Diego County, will

not be honored. Neither the City nor the Department of Motor Vehicles will pay

any mileage or other expenses. Members receiving these subpoenas shall forward

them to the Court Liaison Unit (MS 721B).

E. Copies of subpoenas involving traffic accident cases, for which a member did

investigative work, must be sent by the member along with a copy of the accident

report, without delay, to the Chief Deputy City Attorney, Civil Litigation

Department, 1200 Third Avenue, Suite 1100, MS 59, San Diego, CA 92101, for

review to determine whether or not there is a possibility of City involvement.

Members can contact the City Attorney’s Civil Litigation Department at (619)

533-5800.

F. A Police Department supervisor subpoenaed to testify about Department policy

and procedures must send a copy of the subpoena to a Police Legal Advisor for

review.

G. When a civil subpoena duces tecum (request for appearance and to bring

documents, reports, etc.) is received by Fiscal Management, a copy of that

subpoena will be forwarded by the Fiscal Management Subpoena Clerk to the

Records Unit for review. Members who are served with a subpoena duces tecum

should refer to Department Procedure 1.26, Access and Release of Criminal

Records.

H. Any Police Department member who is subpoenaed to appear in civil court, or at

a deposition as a percipient or investigative witness because of a work-related

matter, will use the following procedures, whether on-duty or off-duty at the time

of appearance:

1. The service of a civil subpoena to a member of the San Diego Police

Department must include a $ $275.00 witness fee deposit check, pursuant

to Government Code sections 68096.01 (non-sworn) and 68097.2 (sworn).

A civil subpoena will not be accepted without the deposit unless there is a

court order with the subpoena that waives the witness fees, or a

determination by the Department has been made that the fees are to be

waived. Fiscal Management is responsible for receiving and processing

civil subpoenas and will stamp the subpoenas "RECEIVED" in the upper

right-hand corner to confirm that the witness fee deposit is received or

waived;

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2. After the service is made, Fiscal Management will make the appropriate

copies and attach a "Cost Recovery Form" to the member's copy of the

subpoena. This form must not be removed from the subpoena. A second

copy of the subpoena will also be provided as a control copy for the Unit

Subpoena Clerk;

3. If a Cost Recovery Form is not attached to the subpoena or no

"RECEIVED" stamp appears in the upper right-hand corner of the

subpoena, then the employee named on the civil subpoena must verify

with their Division Subpoena Clerk that the witness fee has been made;

4. If the employee’s appearance is canceled, indicate on the Cost Recovery

Form by circling “NO” specify the reason why (i.e., "the case settled, call-

off”, etc.), and go directly to the signature lines.

5. After attending court or a deposition appearance, the member will

complete the Cost Recovery Form. The completed Cost Recovery Form

must be received by Fiscal Management within 5 working days of

scheduled appearance, continuation or call-off.

a. Day and date of appearance.

b. Rank (Use "acting" rank at the time of the appearance, if

applicable).

c. Shift – Shift hours and days off, at the time of the appearance.

Also, indicate whether or not the appearance was on overtime.

(Cross Reference for Court overtime: Memorandum of

Understanding/SD Police Association, Article 30; Police

Department Procedure 1.20/ Page 9-11).

d. Hours (Military time) – Include the time in court or deposition and

travel time to and from home or work location.

e. Miles traveled by Department vehicle.

f. Miles traveled by personal vehicle – If the employee appeared for

civil court or deposition when off-duty or off-shift and used their

personal vehicle, mileage will be reimbursed only if the employee

completes a "Mileage Report" (AC-1145), and submits it with the

completed cost recovery form. Reimbursement will be made

directly through the payroll process. (Reference City of San Diego

Administrative Regulations 45.10)

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g. Expenses for parking (Receipts are required) – A “Petty Cash

Certification Slip” (COM-5) for parking must be completed and

returned along with any receipts at the time the completed Cost

Recovery Form is returned to Fiscal Management. Reimbursement

will be made by petty cash (Reference Police Department

Procedure 1.22/Page2).

h. Expenses for meals (Receipts are required) – A “Meeting and

Promotional Expense Report” (AC-1516) and “Petty Cash

Certification Slip” (COM-5) must be completed and returned along

with any receipts at the time the completed Cost Recovery Form is

returned to Fiscal Management. Reimbursement will be made by

petty cash (Reference Police Department Procedure1.22/Page 2;

City of San Diego Administrative Regulation 95.40).

i. Parkade (1

Avenue and B Street) Parking- Include the number of

stamps used (This number is told to the employee when they sign

out of the Parkade). (Police Department Procedure 1.11/Page7)

j. Employee’s Signature and Date

k. Supervisor’s Signature and Date

6. Return the completed Cost Recovery Form, Mileage Record, and any

receipts (if applicable), as well as the attached subpoena to the Division

Subpoena Clerk. If there is no Division Subpoena Clerk, return the

form(s) and attached subpoena directly to Fiscal Management, MS 715.

I. Subpoena Clerk’s Signature and Date

1. The Unit Subpoena Clerk will check the form(s) to ensure they are

complete and accurate, and sign the Cost Recovery Form in the space

provided. The Cost Recovery Form and subpoena, along with any other

applicable documentation (Copy of Overtime Slip, Mileage Report,

Meeting and Promotional Expense Report, Petty Cash Certification Slip,

and receipts) are then returned to Fiscal Management, MS 715.

2. The subpoenaed member will make the appropriate court time entries on

their bi-weekly labor card. Time entered on the card will include actual

time in court or at the deposition plus the travel time, and must equal the

total time that appeared on the Cost Recovery Form.

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XIII. FEDERAL SUBPOENAS

A. Members shall obtain a signed certificate of attendance form from the United

States Attorney.

B. Members shall submit the completed form to the United States Marshal, who will

issue a check in the member's name. (In San Diego, the U.S. Marshal's Office is

on the lower level of the Federal Courthouse.)

C. If court attendance occurred while the member was on-duty, the check is to be

endorsed and given, along with the subpoena, to the member's immediate

supervisor. The supervisor will then forward them to Fiscal Management, MS

715. If, for some reason, a member's personal vehicle is driven to court, the

member is entitled to mileage and will be reimbursed by Fiscal Management.

D. Members attending court while off-duty may retain any expense money, but must

submit the witness fees with the subpoena to their immediate supervisor, who will

then forward them to Fiscal Management, MS 715. The member will complete an

overtime slip for actual court time per Department Procedure 1.20, Overtime

Compensation.

E. It is not necessary to complete the "Police Department Cost Data Form" as

required for civil subpoenas.

XIV. SERVICE OF CIVIL SUMMONS (JOB-RELATED)

A. A summons is a legal document notifying the person summoned that an action has

been initiated against that person in the court where the summons was issued. A

person who has been served with a summons in a civil action is a defendant in

that case and an answer must be filed in court on that person's behalf within 20

days from the date of the service of the summons if it is a civil rights action in

Federal Court, or 30 days if it is an action brought in State Court. If an answer is

not filed within the 20-30 day period, the court may render a default judgment

against the defendant.

B. Members of the Department are required to accept personal service of summons

on themselves in civil cases related to the performance of their duties. The Code

of Civil Procedure section 415.30 authorizes service by mail. With the sole

exception of Internal Affairs, members of the Department shall not receive

personal service of a summons in a civil suit for any other member unless

specifically authorized to do so by the member in writing.

C. Internal Affairs shall receive service of summonses directed to any member of the

Department in civil actions related to the performance of their duties, unless a

member has directed Internal Affairs in writing not to receive summons.

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D. Members personally served with a summons in a civil suit shall immediately read

the summons and complaint carefully.

1. Members shall note their name, date, and time when served in the upper

right hand corner and forward the paper immediately to Internal Affairs.

2. It is imperative that this procedure be followed if the member intends to be

defended by the City so that the City Attorney can prepare and file the

proper pleading on behalf of the member.

3. The member will be contacted by the Deputy City Attorney assigned to

the case and any questions the member may have can be discussed with

the Deputy City Attorney.

XV. SERVICE OF CIVIL SUMMONS (NON-JOB RELATED)

A. These actions stem from personal matters unrelated to employment, such as

debt/contractual disputes, divorce, small claims court, and other civil actions.

B. Process servers will be directed to the member's command or work unit should

they initially contact the Subpoena Clerk or any other member. The process

server shall be informed that their access to Police Department property is limited

to the areas normally open to the public.

C. Personnel at this level are ordinarily under no obligation to accept or assist with

the service, but shall provide accurate information as to when and where the

member reports and leaves from work. If the process server cannot "with

reasonable diligence" serve the summons directly upon the member, the summons

may be left in the presence of a person apparently in charge of the member's

office or place of business. See California Code of Civil Procedure § 415.20(b).

The process server must inform the person in charge of the contents of the

summons at that time.

D. If a summons is left by a process server, then personnel shall note in the upper

right hand corner of the summons their name, date, and time when the summons

was left and forward the papers immediately to the member.

E. The process server must, thereafter, mail a copy of the summons and complaint to

the member at the address at which the summons was left. Service of a summons

in this manner is complete on the tenth day after the mailing

F. Upon receipt of a mailed summons, personnel shall note in the upper right hand

corner of the summons their name, date, and time when the summons was

received and forward the papers immediately to the member.

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G. Any questions regarding this section should be referred to a Police Legal Advisor.

XVI. COURT LIAISON RESOURCE NUMBERS

Court Liaison Sergeant (619) 533-5587

District Attorney’s Court Liaison Officer (Deleted – records of security).

District Attorney’s Court Liaison FAX (619) 685-6057

District Attorney’s Court Liaison Mail Station 721A

City Attorney’s Court Liaison Officer (Deleted – records of security).

City Attorney Court Liaison Msg Line (619) 533-5561

City Attorney’s Court Liaison FAX (619) 533-5505

City Attorney’s Court Liaison Mail Station 721B

Downtown Officer’s Waiting Room (Deleted – records of security).

Traffic Court Liaison Officer (Deleted – records of security).

Traffic Court Liaison FAX (858) 634-1888

Traffic Court Liaison Mail Station 36