Court Appearances and Subpoena Procedure

96 Questions

Where must witnesses notify prior to the court date to be placed on standby for jury trial subpoenas?

Witness Aid Center

What must witnesses provide to the Witness Aid Center for easy contact?

Phone number and email address

What is required for non-jury trials and all other subpoenas?

Witnesses must appear on the date and time indicated

Who approves the request for dismissal of charges?

Division/District Commander

What must deputies record in the remarks column of the subpoena control log?

All of the above

What is the responsibility of the person subpoenaed from an outside judicial circuit?

Contact the appropriate agency charged with witness coordination

What must Sheriff's Office personnel do with witness fees received from private attorneys?

Endorse the fees and make them payable to Chad Chronister, Sheriff

How must cash witness fees be delivered to the Accounts Receivable Unit?

Hand delivered by the employee or other assigned person, such as a CSA

What must personnel do after appearing in court or for a deposition?

All of the above

What is not allowed for Sheriff's Office personnel?

Accepting dual compensation for witness fees

What is the method of notification for electronic subpoena service?

Email and calendar appointment through the CourtNotify program

What happens if a personnel does not acknowledge the notification prior to the scheduled appointment?

The notification is escalated to their supervisor

What is the purpose of the Court Tracker function?

To record mandatory data fields for subpoenas

What should personnel do when they receive an electronic subpoena?

Acknowledge it via the CourtNotify program

What is the purpose of the Acknowledge with Exception feature?

To request a reschedule of the appearance

What should supervisors do when a personnel requests a reschedule due to a scheduling conflict?

Assist in resolving the conflict

What is the purpose of keeping Kronos information up to date?

To facilitate the electronic service of subpoenas

What should deputies do to facilitate the electronic service of subpoenas?

Monitor their Zimbra emails each workday

What is the purpose of the Emergency Notification Forms?

To reflect the proper chain of command in the Kronos database

What should supervisors do when a personnel requests a reschedule due to a medical leave?

Document the reason for the exception

What is the primary purpose of this standard operating procedure?

To define the procedure for response to subpoenas

Which of the following personnel are not applied to this procedure?

Sheriff's Office personnel who are not attending court proceedings

What is the consequence of accepting dual compensation for subpoenas?

Criminal and administrative disciplinary action

What is the function of the CourtNotify program?

To provide issuing agencies with access to personnel schedules and contact information

What is the purpose of the Court Tracker function?

To record court times and case results

What is considered as off-duty hours?

Time other than scheduled or adjusted work hours

What is the consequence of not responding to a subpoena?

Penalty for failure to do so

What is the time frame for recording court times, case results and disposition notes in the Court Tracker function?

Within 7 days following the date of the subpoena

What should a personnel do if a person is on authorized leave at the time the subpoena is presented and will still be absent on the subpoena appearance date?

Refuse the subpoena and log the reason

What is the minimum number of days prior to the appearance date that a faxed subpoena must be received?

5 days

Who is responsible for contacting the appropriate agency to request a release from a subpoena?

The person subpoenaed

What should a supervisor do to a subpoena that was accepted in error?

Return the subpoena to the issuer with an explanation

What type of subpoenas are accepted by personnel who work the District/Division desk positions?

Dependency subpoenas

What should a personnel do if a person is called as a witness to appear at two locations at the same time and date?

Obtain a release from one subpoena in order to honor the other

What should a supervisor do daily?

Check the Subpoena Control Log

What type of subpoenas cannot be accepted for substitute service from private process servers?

Non-criminal trial subpoenas

What is the purpose of the Witness Subpoena Control Log?

To record and maintain witness subpoenas

Who is responsible for serving subpoenas to their respective personnel?

Supervisors

What should personnel do with travel and expense checks received for out-of-county appearances?

Retain them to cover hotel and per diem expenses

What should a deputy do if they receive a subpoena for a traffic crash they witnessed?

Honor the subpoena

How should a deputy request a continuance for a civil traffic hearing?

Scan a Traffic Hearing Request for Continuance Form to [email protected]

What should a deputy do if they are unable to appear to honor a subpoena due to illness or emergency?

Contact the Court Clerk Manager at (813) 276-2029 ext. 4331

What is the consequence of a deputy failing to comply with a subpoena?

A finding of contempt of court

How can testimony be provided in criminal misdemeanors and civil cases?

In person or on the telephone

What is the purpose of the CourtNotify program?

To allow the issuing entity to consider an employee's posted work schedule

What should a deputy do if they receive a subpoena via CourtNotify?

Honor the subpoena in the same manner as a paper subpoena

What should a deputy do if they want to take annual or holiday leave to serve and keep any fees received for service?

Elect to take annual or holiday leave

What should a deputy do if they investigate a traffic crash that they did not witness?

Ensure the Court Information Form is properly completed and attached to the respective citation

The purpose of the standard operating procedure is to define the procedure for response to subpoenas.

True

The Sheriff's Office personnel are not entitled to overtime compensation for any required appearances during off-duty hours.

False

Dual compensation for subpoenas is allowed for Sheriff's Office personnel.

False

CourtNotify is an electronic program used for internal communication within the Sheriff's Office.

False

Court Tracker is an optional function within the CourtNotify program.

False

Off-duty hours refer to scheduled or adjusted work hours.

False

The CourtNotify program is used to track personnel's schedules and leave information.

True

Personnel must record their court times, case results, and disposition notes in the Court Tracker function within 3 days following the date of the subpoena.

False

For jury trial subpoenas, witnesses must notify the court directly prior to the court date to be placed on standby.

False

In non-jury trials and all other subpoenas, witnesses can be placed on standby.

False

Deputies can request the dismissal of charges without the approval of their Division/District Commander.

False

The Witness Aid Center will contact witnesses who are to be released via email only.

False

Sheriff's Office personnel can accept witness fees for on-duty subpoena appearances.

False

Witness fees received from private attorneys shall be endorsed by the Sheriff's Office and made payable to the employee.

False

Personnel have 2 options regarding fees from a jury appearance.

False

Cash witness fees shall be mailed to the Accounts Receivable Unit.

False

The Witness Subpoena Control Log is used to record witness fees and overtime compensation.

False

Deputies can request a continuance for a civil traffic hearing by contacting the Clerk of the Court.

False

A personnel is responsible for contacting the appropriate agency to request a release from a subpoena.

False

Supervisors shall not serve subpoenas to their respective personnel.

False

A subpoena can be accepted from a private process server for non-criminal trials, summonses and complaints.

False

A personnel can be served with a subpoena while on authorized leave and will be absent on the subpoena appearance date.

False

Dependency subpoenas, served by the Office of the Attorney General, involving Child Protective Investigations Division juvenile dependency cases, shall not be accepted.

False

A subpoena can be accepted if the appearance date falls on the person's regularly scheduled day off.

True

A faxed subpoena received at least 3 days prior to the appearance date is considered proper written notification to appear in court.

False

A personnel who are responsible for accepting and recording service of subpoenas shall treat the receipt of faxed subpoenas differently than written subpoenas.

False

Deputies shall monitor their Zimbra emails on weekends to facilitate the electronic service of subpoenas via the CourtNotify program.

False

A person who is called as a witness to appear at two locations at the same time and date shall request a release from one subpoena.

True

Personnel will receive up to 5 reminders until the notification is acknowledged by the person prior to the notification escalating to their supervisor.

False

The Acknowledge with Exception feature is only used by deputies to request a reschedule of the appearance.

False

A supervisor shall not check the Subpoena Control Log each working day.

False

Notifications will be sent in intervals of 10/15/20/25 days from the scheduled appointment for Short Notice or rush subpoenas.

False

Supervisors are responsible for serving subpoenas to their respective personnel.

True

The Court Tracker function is used to record mandatory data fields such as results and notes.

True

Personnel can acknowledge electronic service of subpoenas via the CourtNotify program on behalf of their subordinates.

False

Deputies are required to record attendance for court appearances and subpoenas via the CourtNotify program.

False

Employee schedules and organizational assignments are not critical information that needs to be kept up to date in Kronos.

False

The Witness Subpoena Control Log is used to track court times, case results, and disposition notes.

False

A deputy who investigates a traffic crash that they witnessed must have the subpoena sent to the Records Section.

False

Deputies can request a continuance for a civil traffic hearing by contacting the Clerk of the Court directly.

False

If a deputy fails to appear for a formal review hearing, the arrestee may seek enforcement of the subpoena under Florida Statute 316.2615.

True

Personnel are allowed to keep fees received for service if they take civic leave (paid) and reimburse the Sheriff's Office.

False

Deputies can verify the identity of the person asking questions over the phone by asking for their license number.

False

The CourtNotify program is used to track deputy schedules and request subpoenas.

False

Deputies can request a dismissal of traffic charges by submitting a Traffic Hearing Request for Continuance Form.

False

Deputies must honor subpoenas for criminal violations involving a traffic crash.

True

Deputies can retain travel and expense checks received for out-of-county appearances for personal use.

False

Deputies who take civic leave (paid) to serve and keep any fees received for service must reimburse the Sheriff's Office.

False

Study Notes

Purpose and Scope

The purpose of this standard operating procedure is to define the procedure for responding to subpoenas, court, and deposition appearances by personnel of the Sheriff's Office.
This procedure applies to all Sheriff's Office personnel attending criminal or civil jury trials, non-jury trials, court hearings, depositions, and traffic crash and citation hearings.

Definitions

Subpoena: A writ commanding a person to appear in court or at a hearing or deposition under penalty for failure to do so.
Dual Compensation: Accepting monetary compensation for subpoenas in addition to overtime credit or regular pay.
CourtNotify: An electronic program for delivering, notifying, and tracking subpoenas.
Court Tracker: A mandatory function within CourtNotify for recording court times, case results, and disposition notes.

Procedure

Jury Trial Subpoenas:
- Witnesses must notify the Witness Aid Center prior to the court date to be placed on standby.
- Witnesses must provide a phone number and email for easy contact.
- Witnesses may call the Witness Aid Center daily or email for updates during the trial week.
Non-Jury Trials and All Other Subpoenas:
- The witness must appear on the date and time indicated on the subpoena.
- Stand-by procedures are not authorized.
Request for Dismissal of Charges:
- Deputies shall not contact the Clerk of the Court or the SAO requesting dismissal of charges without approval from their Division/District Commander.
- Deputies must prepare a memorandum indicating the reasons for the request and submit it through their chain of command.

Witness Fees and Overtime Compensation

Sheriff's Office personnel may receive subpoenas from the prosecution or defense, or from attorneys in civil cases related to their official duties.
If the subpoena was received through CourtNotify, refer to Section VI.
If the subpoena was received in paper form, follow the outlined procedures for witness fees and overtime compensation.
Personnel shall not accept witness fees for on or off-duty subpoena appearances.

Criminal/Non-Criminal Traffic Crash and Citation Subpoenas

Pursuant to GEN SOP 510.03, deputies who investigate traffic crash cases shall ensure the Court Information Form is properly completed and attached to the respective citation.
Deputies who investigate a traffic crash that they witnessed shall honor the subpoena.
If the subpoena is for a criminal violation involving a traffic crash, the deputy shall honor the subpoena.

CourtNotify Program

Subpoena notifications received via CourtNotify shall be honored in the same manner as a paper subpoena.
The CourtNotify program is populated by data from Kronos, allowing the issuing entity to consider an employee's posted work schedule, off-days, and approved leave dates prior to electronically serving the subpoena.
Personnel shall receive initial notification for electronic subpoena service via the CourtNotify program in the form of an email and calendar appointment.

Deputy/Witness Responsibilities

Ensure office contact information, work schedules, and organizational assignments remain current within Kronos.
Ensure approved leave requests are entered into Kronos as far in advance as possible.
Acknowledge electronic service of subpoenas via the CourtNotify program.
Immediately notify supervisors of scheduling conflicts and attempt to resolve them.

Supervisor Responsibilities

Ensure any approved leave requests submitted by subordinates are entered into Kronos.
Monitor subordinates' attendance for court appearances and subpoenas via the CourtNotify program.
Assist in resolving subpoena scheduling conflicts for personnel as they arise.
Acknowledge receipt of subpoena(s) via the CourtNotify program on behalf of subordinates for special circumstances.

Witness Subpoena Control Log

Each organizational component of the Sheriff's Office shall be responsible for recording and maintaining a Witness Subpoena Control Log.
Personnel within each component who are responsible for recording subpoenas shall check the District/Division roster or other applicable resources to determine if the person can be served with the subpoena.

Supplemental Reports

When subpoenaed to court to give testimony, deputies shall write and submit a supplemental report to document pertinent facts.
Otherwise, the Court Tracker function in the CourtNotify program shall suffice to capture disposition data associated with the subpoena and case file.

Purpose and Scope

The purpose of this standard operating procedure is to define the procedure for responding to subpoenas, court, and deposition appearances by personnel of the Sheriff's Office.
This procedure applies to all Sheriff's Office personnel attending criminal or civil jury trials, non-jury trials, court hearings, depositions, and traffic crash and citation hearings.

Definitions

Subpoena: A writ commanding a person to appear in court or at a hearing or deposition under penalty for failure to do so.
Dual Compensation: Accepting monetary compensation for subpoenas in addition to overtime credit or regular pay.
CourtNotify: An electronic program for delivering, notifying, and tracking subpoenas.
Court Tracker: A mandatory function within CourtNotify for recording court times, case results, and disposition notes.

Procedure

Jury Trial Subpoenas:
- Witnesses must notify the Witness Aid Center prior to the court date to be placed on standby.
- Witnesses must provide a phone number and email for easy contact.
- Witnesses may call the Witness Aid Center daily or email for updates during the trial week.
Non-Jury Trials and All Other Subpoenas:
- The witness must appear on the date and time indicated on the subpoena.
- Stand-by procedures are not authorized.
Request for Dismissal of Charges:
- Deputies shall not contact the Clerk of the Court or the SAO requesting dismissal of charges without approval from their Division/District Commander.
- Deputies must prepare a memorandum indicating the reasons for the request and submit it through their chain of command.

Witness Fees and Overtime Compensation

Sheriff's Office personnel may receive subpoenas from the prosecution or defense, or from attorneys in civil cases related to their official duties.
If the subpoena was received through CourtNotify, refer to Section VI.
If the subpoena was received in paper form, follow the outlined procedures for witness fees and overtime compensation.
Personnel shall not accept witness fees for on or off-duty subpoena appearances.

Criminal/Non-Criminal Traffic Crash and Citation Subpoenas

Pursuant to GEN SOP 510.03, deputies who investigate traffic crash cases shall ensure the Court Information Form is properly completed and attached to the respective citation.
Deputies who investigate a traffic crash that they witnessed shall honor the subpoena.
If the subpoena is for a criminal violation involving a traffic crash, the deputy shall honor the subpoena.

CourtNotify Program

Subpoena notifications received via CourtNotify shall be honored in the same manner as a paper subpoena.
The CourtNotify program is populated by data from Kronos, allowing the issuing entity to consider an employee's posted work schedule, off-days, and approved leave dates prior to electronically serving the subpoena.
Personnel shall receive initial notification for electronic subpoena service via the CourtNotify program in the form of an email and calendar appointment.

Deputy/Witness Responsibilities

Ensure office contact information, work schedules, and organizational assignments remain current within Kronos.
Ensure approved leave requests are entered into Kronos as far in advance as possible.
Acknowledge electronic service of subpoenas via the CourtNotify program.
Immediately notify supervisors of scheduling conflicts and attempt to resolve them.

Supervisor Responsibilities

Ensure any approved leave requests submitted by subordinates are entered into Kronos.
Monitor subordinates' attendance for court appearances and subpoenas via the CourtNotify program.
Assist in resolving subpoena scheduling conflicts for personnel as they arise.
Acknowledge receipt of subpoena(s) via the CourtNotify program on behalf of subordinates for special circumstances.

Witness Subpoena Control Log

Each organizational component of the Sheriff's Office shall be responsible for recording and maintaining a Witness Subpoena Control Log.
Personnel within each component who are responsible for recording subpoenas shall check the District/Division roster or other applicable resources to determine if the person can be served with the subpoena.

Supplemental Reports

When subpoenaed to court to give testimony, deputies shall write and submit a supplemental report to document pertinent facts.
Otherwise, the Court Tracker function in the CourtNotify program shall suffice to capture disposition data associated with the subpoena and case file.

This quiz covers the standard operating procedure for responding to subpoenas and attending court hearings, depositions, and trials as a Sheriff's Office personnel.

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