Podcast
Questions and Answers
Where must witnesses notify prior to the court date to be placed on standby for jury trial subpoenas?
Where must witnesses notify prior to the court date to be placed on standby for jury trial subpoenas?
What must witnesses provide to the Witness Aid Center for easy contact?
What must witnesses provide to the Witness Aid Center for easy contact?
What is required for non-jury trials and all other subpoenas?
What is required for non-jury trials and all other subpoenas?
Who approves the request for dismissal of charges?
Who approves the request for dismissal of charges?
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What must deputies record in the remarks column of the subpoena control log?
What must deputies record in the remarks column of the subpoena control log?
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What is the responsibility of the person subpoenaed from an outside judicial circuit?
What is the responsibility of the person subpoenaed from an outside judicial circuit?
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What must Sheriff's Office personnel do with witness fees received from private attorneys?
What must Sheriff's Office personnel do with witness fees received from private attorneys?
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How must cash witness fees be delivered to the Accounts Receivable Unit?
How must cash witness fees be delivered to the Accounts Receivable Unit?
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What must personnel do after appearing in court or for a deposition?
What must personnel do after appearing in court or for a deposition?
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What is not allowed for Sheriff's Office personnel?
What is not allowed for Sheriff's Office personnel?
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What is the method of notification for electronic subpoena service?
What is the method of notification for electronic subpoena service?
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What happens if a personnel does not acknowledge the notification prior to the scheduled appointment?
What happens if a personnel does not acknowledge the notification prior to the scheduled appointment?
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What is the purpose of the Court Tracker function?
What is the purpose of the Court Tracker function?
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What should personnel do when they receive an electronic subpoena?
What should personnel do when they receive an electronic subpoena?
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What is the purpose of the Acknowledge with Exception feature?
What is the purpose of the Acknowledge with Exception feature?
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What should supervisors do when a personnel requests a reschedule due to a scheduling conflict?
What should supervisors do when a personnel requests a reschedule due to a scheduling conflict?
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What is the purpose of keeping Kronos information up to date?
What is the purpose of keeping Kronos information up to date?
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What should deputies do to facilitate the electronic service of subpoenas?
What should deputies do to facilitate the electronic service of subpoenas?
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What is the purpose of the Emergency Notification Forms?
What is the purpose of the Emergency Notification Forms?
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What should supervisors do when a personnel requests a reschedule due to a medical leave?
What should supervisors do when a personnel requests a reschedule due to a medical leave?
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What is the primary purpose of this standard operating procedure?
What is the primary purpose of this standard operating procedure?
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Which of the following personnel are not applied to this procedure?
Which of the following personnel are not applied to this procedure?
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What is the consequence of accepting dual compensation for subpoenas?
What is the consequence of accepting dual compensation for subpoenas?
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What is the function of the CourtNotify program?
What is the function of the CourtNotify program?
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What is the purpose of the Court Tracker function?
What is the purpose of the Court Tracker function?
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What is considered as off-duty hours?
What is considered as off-duty hours?
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What is the consequence of not responding to a subpoena?
What is the consequence of not responding to a subpoena?
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What is the time frame for recording court times, case results and disposition notes in the Court Tracker function?
What is the time frame for recording court times, case results and disposition notes in the Court Tracker function?
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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?
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?
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What is the minimum number of days prior to the appearance date that a faxed subpoena must be received?
What is the minimum number of days prior to the appearance date that a faxed subpoena must be received?
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Who is responsible for contacting the appropriate agency to request a release from a subpoena?
Who is responsible for contacting the appropriate agency to request a release from a subpoena?
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What should a supervisor do to a subpoena that was accepted in error?
What should a supervisor do to a subpoena that was accepted in error?
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What type of subpoenas are accepted by personnel who work the District/Division desk positions?
What type of subpoenas are accepted by personnel who work the District/Division desk positions?
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What should a personnel do if a person is called as a witness to appear at two locations at the same time and date?
What should a personnel do if a person is called as a witness to appear at two locations at the same time and date?
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What should a supervisor do daily?
What should a supervisor do daily?
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What type of subpoenas cannot be accepted for substitute service from private process servers?
What type of subpoenas cannot be accepted for substitute service from private process servers?
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What is the purpose of the Witness Subpoena Control Log?
What is the purpose of the Witness Subpoena Control Log?
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Who is responsible for serving subpoenas to their respective personnel?
Who is responsible for serving subpoenas to their respective personnel?
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What should personnel do with travel and expense checks received for out-of-county appearances?
What should personnel do with travel and expense checks received for out-of-county appearances?
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What should a deputy do if they receive a subpoena for a traffic crash they witnessed?
What should a deputy do if they receive a subpoena for a traffic crash they witnessed?
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How should a deputy request a continuance for a civil traffic hearing?
How should a deputy request a continuance for a civil traffic hearing?
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What should a deputy do if they are unable to appear to honor a subpoena due to illness or emergency?
What should a deputy do if they are unable to appear to honor a subpoena due to illness or emergency?
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What is the consequence of a deputy failing to comply with a subpoena?
What is the consequence of a deputy failing to comply with a subpoena?
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How can testimony be provided in criminal misdemeanors and civil cases?
How can testimony be provided in criminal misdemeanors and civil cases?
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What is the purpose of the CourtNotify program?
What is the purpose of the CourtNotify program?
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What should a deputy do if they receive a subpoena via CourtNotify?
What should a deputy do if they receive a subpoena via CourtNotify?
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What should a deputy do if they want to take annual or holiday leave to serve and keep any fees received for service?
What should a deputy do if they want to take annual or holiday leave to serve and keep any fees received for service?
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What should a deputy do if they investigate a traffic crash that they did not witness?
What should a deputy do if they investigate a traffic crash that they did not witness?
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The purpose of the standard operating procedure is to define the procedure for response to subpoenas.
The purpose of the standard operating procedure is to define the procedure for response to subpoenas.
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The Sheriff's Office personnel are not entitled to overtime compensation for any required appearances during off-duty hours.
The Sheriff's Office personnel are not entitled to overtime compensation for any required appearances during off-duty hours.
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Dual compensation for subpoenas is allowed for Sheriff's Office personnel.
Dual compensation for subpoenas is allowed for Sheriff's Office personnel.
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CourtNotify is an electronic program used for internal communication within the Sheriff's Office.
CourtNotify is an electronic program used for internal communication within the Sheriff's Office.
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Court Tracker is an optional function within the CourtNotify program.
Court Tracker is an optional function within the CourtNotify program.
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Off-duty hours refer to scheduled or adjusted work hours.
Off-duty hours refer to scheduled or adjusted work hours.
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The CourtNotify program is used to track personnel's schedules and leave information.
The CourtNotify program is used to track personnel's schedules and leave information.
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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.
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.
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For jury trial subpoenas, witnesses must notify the court directly prior to the court date to be placed on standby.
For jury trial subpoenas, witnesses must notify the court directly prior to the court date to be placed on standby.
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In non-jury trials and all other subpoenas, witnesses can be placed on standby.
In non-jury trials and all other subpoenas, witnesses can be placed on standby.
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Deputies can request the dismissal of charges without the approval of their Division/District Commander.
Deputies can request the dismissal of charges without the approval of their Division/District Commander.
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The Witness Aid Center will contact witnesses who are to be released via email only.
The Witness Aid Center will contact witnesses who are to be released via email only.
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Sheriff's Office personnel can accept witness fees for on-duty subpoena appearances.
Sheriff's Office personnel can accept witness fees for on-duty subpoena appearances.
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Witness fees received from private attorneys shall be endorsed by the Sheriff's Office and made payable to the employee.
Witness fees received from private attorneys shall be endorsed by the Sheriff's Office and made payable to the employee.
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Personnel have 2 options regarding fees from a jury appearance.
Personnel have 2 options regarding fees from a jury appearance.
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Cash witness fees shall be mailed to the Accounts Receivable Unit.
Cash witness fees shall be mailed to the Accounts Receivable Unit.
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The Witness Subpoena Control Log is used to record witness fees and overtime compensation.
The Witness Subpoena Control Log is used to record witness fees and overtime compensation.
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Deputies can request a continuance for a civil traffic hearing by contacting the Clerk of the Court.
Deputies can request a continuance for a civil traffic hearing by contacting the Clerk of the Court.
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A personnel is responsible for contacting the appropriate agency to request a release from a subpoena.
A personnel is responsible for contacting the appropriate agency to request a release from a subpoena.
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Supervisors shall not serve subpoenas to their respective personnel.
Supervisors shall not serve subpoenas to their respective personnel.
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A subpoena can be accepted from a private process server for non-criminal trials, summonses and complaints.
A subpoena can be accepted from a private process server for non-criminal trials, summonses and complaints.
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A personnel can be served with a subpoena while on authorized leave and will be absent on the subpoena appearance date.
A personnel can be served with a subpoena while on authorized leave and will be absent on the subpoena appearance date.
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Dependency subpoenas, served by the Office of the Attorney General, involving Child Protective Investigations Division juvenile dependency cases, shall not be accepted.
Dependency subpoenas, served by the Office of the Attorney General, involving Child Protective Investigations Division juvenile dependency cases, shall not be accepted.
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A subpoena can be accepted if the appearance date falls on the person's regularly scheduled day off.
A subpoena can be accepted if the appearance date falls on the person's regularly scheduled day off.
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A faxed subpoena received at least 3 days prior to the appearance date is considered proper written notification to appear in court.
A faxed subpoena received at least 3 days prior to the appearance date is considered proper written notification to appear in court.
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A personnel who are responsible for accepting and recording service of subpoenas shall treat the receipt of faxed subpoenas differently than written subpoenas.
A personnel who are responsible for accepting and recording service of subpoenas shall treat the receipt of faxed subpoenas differently than written subpoenas.
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Deputies shall monitor their Zimbra emails on weekends to facilitate the electronic service of subpoenas via the CourtNotify program.
Deputies shall monitor their Zimbra emails on weekends to facilitate the electronic service of subpoenas via the CourtNotify program.
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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.
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.
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Personnel will receive up to 5 reminders until the notification is acknowledged by the person prior to the notification escalating to their supervisor.
Personnel will receive up to 5 reminders until the notification is acknowledged by the person prior to the notification escalating to their supervisor.
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The Acknowledge with Exception feature is only used by deputies to request a reschedule of the appearance.
The Acknowledge with Exception feature is only used by deputies to request a reschedule of the appearance.
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A supervisor shall not check the Subpoena Control Log each working day.
A supervisor shall not check the Subpoena Control Log each working day.
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Notifications will be sent in intervals of 10/15/20/25 days from the scheduled appointment for Short Notice or rush subpoenas.
Notifications will be sent in intervals of 10/15/20/25 days from the scheduled appointment for Short Notice or rush subpoenas.
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Supervisors are responsible for serving subpoenas to their respective personnel.
Supervisors are responsible for serving subpoenas to their respective personnel.
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The Court Tracker function is used to record mandatory data fields such as results and notes.
The Court Tracker function is used to record mandatory data fields such as results and notes.
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Personnel can acknowledge electronic service of subpoenas via the CourtNotify program on behalf of their subordinates.
Personnel can acknowledge electronic service of subpoenas via the CourtNotify program on behalf of their subordinates.
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Deputies are required to record attendance for court appearances and subpoenas via the CourtNotify program.
Deputies are required to record attendance for court appearances and subpoenas via the CourtNotify program.
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Employee schedules and organizational assignments are not critical information that needs to be kept up to date in Kronos.
Employee schedules and organizational assignments are not critical information that needs to be kept up to date in Kronos.
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The Witness Subpoena Control Log is used to track court times, case results, and disposition notes.
The Witness Subpoena Control Log is used to track court times, case results, and disposition notes.
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A deputy who investigates a traffic crash that they witnessed must have the subpoena sent to the Records Section.
A deputy who investigates a traffic crash that they witnessed must have the subpoena sent to the Records Section.
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Deputies can request a continuance for a civil traffic hearing by contacting the Clerk of the Court directly.
Deputies can request a continuance for a civil traffic hearing by contacting the Clerk of the Court directly.
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If a deputy fails to appear for a formal review hearing, the arrestee may seek enforcement of the subpoena under Florida Statute 316.2615.
If a deputy fails to appear for a formal review hearing, the arrestee may seek enforcement of the subpoena under Florida Statute 316.2615.
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Personnel are allowed to keep fees received for service if they take civic leave (paid) and reimburse the Sheriff's Office.
Personnel are allowed to keep fees received for service if they take civic leave (paid) and reimburse the Sheriff's Office.
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Deputies can verify the identity of the person asking questions over the phone by asking for their license number.
Deputies can verify the identity of the person asking questions over the phone by asking for their license number.
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The CourtNotify program is used to track deputy schedules and request subpoenas.
The CourtNotify program is used to track deputy schedules and request subpoenas.
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Deputies can request a dismissal of traffic charges by submitting a Traffic Hearing Request for Continuance Form.
Deputies can request a dismissal of traffic charges by submitting a Traffic Hearing Request for Continuance Form.
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Deputies must honor subpoenas for criminal violations involving a traffic crash.
Deputies must honor subpoenas for criminal violations involving a traffic crash.
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Deputies can retain travel and expense checks received for out-of-county appearances for personal use.
Deputies can retain travel and expense checks received for out-of-county appearances for personal use.
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Deputies who take civic leave (paid) to serve and keep any fees received for service must reimburse the Sheriff's Office.
Deputies who take civic leave (paid) to serve and keep any fees received for service must reimburse the Sheriff's Office.
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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.
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Description
This quiz covers the standard operating procedure for responding to subpoenas and attending court hearings, depositions, and trials as a Sheriff's Office personnel.
