Metropolitan Police Department Service of Subpoenas and Civil Lawsuits PDF

GENERAL ORDER Title Service of Subpoenas and Civil Lawsuits Upon Members of the...

GENERAL ORDER Title Service of Subpoenas and Civil Lawsuits Upon Members of the Department Topic Series Number PCA 701 04 Effective Date November 10, 2011 DISTRICT OF COLUMBIA Replaces: General Order 701.04 (Service of Subpoenas and Civil Lawsuits Upon Members of the Department) Effective Date: June 9, 2011 I. Background Page 1 II. Policy Page 2 III Definitions Page 2 IV. Regulations Page 4 V. Procedures Page 7 V.A Civil and Criminal Subpoenas Page 7 V.B Summonses and Complaints for Civil Lawsuits Page 13 V.C Substitute Service of Subpoenas and Civil Lawsuits Page 15 V.D Obtaining Legal Counsel Page 17 VI. Cross References Page 18 VII. Attachments Page 18 I. BACKGROUND On June 3, 2011, Chapter 20 of Title 6A “Police Personnel” District of Columbia Municipal Regulations (DCMR), was amended pursuant to D.C. Official Code § 5- 105.09 (Service of Process). Under the amendments, non-government attorneys and unrepresented parties may request the Court Liaison Division (CLD) assist in transmitting via electronic mail: A. Notifications of Subpoenas generated through the Computer Assisted Notification System (CANS), B. Subpoenas for civil or criminal cases, and C. Summonses and complaints for civil lawsuits to members arising out of their official duties for the Metropolitan Police Department (MPD). Non-government attorneys and unrepresented parties may also choose to have a process server personally serve members with subpoenas or summonses and complaints. In lieu of personal service, members may designate the Bureau Head of the bureau to which they are assigned to accept service of subpoenas or summonses and complaints on their behalf. The policies SERVICE OF SUBPOENAS AND CIVIL LAWSUITS… GO-PCA-701.04 2 of 19 and procedures outlined in this order do not apply to service of process for personal matters involving members (e.g., divorce and child support cases in which a member is a party). II. POLICY The Department’s policy is that members shall abide by summonses and subpoenas that are legally served upon them in relation to the performance of their official duties. III. DEFINITIONS When used in this order, the following terms shall have the meanings designated: 1. Acknowledgment Form ─ Form which a member may submit upon receipt of a summons and complaint from CLD to accept service of the summons and complaint a civil lawsuit and waive personal service. (See Attachment A: Acknowledgment of Receipt of Summons and Complaint.) 2. Bureau Head ─ Member, the rank of Assistant Chief of Police or civilian equivalent or his/her designee(s) in charge of a bureau within the MPD. 3. Certification ─ Written statement accompanying a subpoena or summons and complaint from an attorney, not employed by the Office of the Attorney General (OAG) or the United States Attorney’s Office (USAO), or an unrepresented party which includes: a. The name of the case; b. The civil action number or case number; c. The name of the member listed on the subpoena; d. A statement that the subpoena arises out of the member’s performance of his/her official duties; and e. The signature of the attorney or the unrepresented party listed on the subpoena. NOTE: The process server cannot sign the certification for the attorney or the unrepresented party. 4. Complaint ─ Initial document by which a lawsuit is commenced, containing a short and plain statement of the claim and the relief requested. SERVICE OF SUBPOENAS AND CIVIL LAWSUITS… GO-PCA-701.04 3 of 19 5. Computer Assisted Notification System (CANS) ─ CANS is an electronic notification system used by MPD to notify members of upcoming court related commitments. 6. Deposition ─ Discovery device by which one (1) party asks oral questions of another party or witness. The deposition is conducted under oath and outside the courtroom, usually at an attorney’s office. Normally, the lawyers for all parties in the case and a stenographer will be present at the time of the deposition. The witness being deposed may be subjected to questioning by all parties present, and the questioning can extend into areas, such as hearsay, which are not admissible as evidence in the trial. 7. Emergency Subpoena Notification ─ An electronic notice generated through CANS informing a member that a non-government attorney or unrepresented party has issued a subpoena for the member to appear for a hearing, deposition, or trial in less than seven (7) calendar days. 8. Member ─ Sworn or civilian MPD employee or MPD Reserve Corps member. 9. Non-government attorney – An attorney not employed by the USAO or the OAG. 10. Subpoena ─ Legal notice to a person to appear as a witness and give testimony at the place, date and time specified in the subpoena. (See Attachment B: Blank Subpoena from Superior Court for the District of Columbia, Attachment D: Blank Subpoena to Testify at a Deposition from the United States District Court for the District of Columbia, and Attachment E: Blank Subpoena to Testify at a Hearing or Trial from the United States District Court for the District of Columbia.) 11. Subpoena Duces Tecum ─ Subpoena which directs the witness to bring relevant documents. Duces Tecum means to bring all relevant documents related to the controversy under the control of the person. (See Attachment C: Blank Subpoena to Produce Documents from the United States District Court for the District of Columbia.) 12. Subpoena Notification ─ An electronic notice generated through CANS informing a member that a non-government attorney or unrepresented party has issued a subpoena for the member to appear for a hearing, deposition, or trial within seven (7) or more calendar days. 13. Summons ─ Legal document that gives formal notice to the person summoned that a lawsuit has been initiated against him/her in the court where the summons was issued. A person who has been properly served with a summons in a civil action is a defendant in that case, and an answer SERVICE OF SUBPOENAS AND CIVIL LAWSUITS… GO-PCA-701.04 4 of 19 must be filed, in court, on his/her behalf within twenty (20) days from the date of the service of the summons. If an answer is not filed within twenty (20) days, the court can place the defendant in default. (See Attachment F: Blank Civil Summons from the Superior Court for the District of Columbia and Attachment G: Blank Civil Summons from the United States District Court for the District of Columbia.) IV. REGULATIONS A. Notwithstanding the requirements described in this order, in accordance with 42 U.S.C. § 3796gg (Violence Against Women Act): 1. Domestic violence petitioners may use the MPD Computer Assisted Notification System (CANS) for the service of process for the members of the MPD. 2. Domestic violence petitioners shall not be required to pay witness fees to MPD members. B. Notification of Civil and Criminal Subpoenas 1. A non-government attorney or unrepresented party seeking to serve a subpoena upon a member of the MPD in connection with a legal matter arising out of the performance of his/her official duties may request that the MPD notify the member of the subpoena by transmitting via electronic mail to the CLD: a. The subpoena; and b. Written certification from the non-government attorney or unrepresented party that the subpoena is connected with a case concerning the member’s performance of his/her official duties. 2. If a written certification does not accompany a subpoena or the member cannot be identified based upon the information in the subpoena or certification, CLD shall reject the subpoena and return it to the sender. 3. If the subpoena requires a member to appear or otherwise act in an expedited fashion (less than seven (7) calendar days), the attorney or party issuing the subpoena must include within his/her request: a. An explanation for the expedited request; SERVICE OF SUBPOENAS AND CIVIL LAWSUITS… GO-PCA-701.04 5 of 19 b. Verification that the non-government attorney or unrepresented party has contacted the member, and the member has agreed to appear for the subpoena; and c. The signature of the non-government attorney or unrepresented party issuing the subpoena. 4. If a subpoena requiring a member to appear or act in less than seven (7) days is not accompanied by the requisite explanation and verification, the CLD shall reject the subpoena and return the subpoena to the sender. 5. If all prerequisites are met, CLD shall generate a Subpoena Notification through CANS of the name and number of the case along with the date, time and location of the event (hearing, deposition or trial); the name and contact information of the issuing attorney or party; and other relevant information contained in the subpoena and transmit the Subpoena Notification via e-mail to the member. 6. Service of a Subpoena Notification shall be deemed complete when the member opens the e-mail and clicks on the icon to send a read receipt. 7. Any applicable witness fee and/or voucher will be presented to the member by the non-government attorney or unrepresented party when the member appears pursuant to the subpoena. 8. A non-government attorney or unrepresented party may contact the CANS coordinator of the element to which the member is assigned to ascertain whether a notification has been served upon the member. B. Notification of Summons and Complaints for Civil Lawsuits 1. A non-government attorney or unrepresented party seeking to serve a summons and complaint upon a member of the MPD in connection with a civil lawsuit arising out of the performance of his/her official duties may request that the MPD notify the member of the summons and complaint by transmitting via e-mail to the CLD: a. The summons and complaint; and b. Written certification from the non-government attorney or unrepresented party that the summons and complaint are SERVICE OF SUBPOENAS AND CIVIL LAWSUITS… GO-PCA-701.04 6 of 19 connected with a civil lawsuit arising out of the member’s performance of his/her official duties. 2. If a written certification does not accompany the summons and complaint or the member cannot be identified based upon the information in the summons and complaint, CLD shall reject the summons and complaint and return them to the sender. 3. If the member can be identified based upon the information provided in the summons and complaint, CLD shall facilitate service of the summons and complaint by e-mailing them to the member within two (2) business days of receipt. 4. The named member may accept service of the summons and complaint and waive personal service by sending to the non- government attorney or unrepresented party via first-class mail or other reliable means, a signed Acknowledgment of Receipt of Summons and Complaint (Attachment A) within fourteen (14) calendar days of receiving the complaint and summons from CLD. 5. Service of the summons and complaint shall be deemed complete when the member mails or transmits through other reliable means the acknowledgement form to the non-government attorney or unrepresented party. 6. If the named member declines or otherwise fails to submit a signed acknowledgment form to the non-government attorney or unrepresented party within fourteen (14) calendar days of receiving the complaint and summons from CLD, the summons and complaint shall not be deemed served. 7. If the named member declines or otherwise fails to submit a signed acknowledgment form to the non-government attorney or unrepresented party within the requisite time, the member is subject to being served personally at his/her unit. C. Personal and Substitute Service of Process 1. A non-government attorney or unrepresented party may choose to personally serve a member with a summons and complaint or subpoena. 2. A member may appoint the Bureau Head of the bureau to which the member is assigned to accept service of process on his/her behalf. SERVICE OF SUBPOENAS AND CIVIL LAWSUITS… GO-PCA-701.04 7 of 19 3. If a member has not appointed a Bureau Head to accept service of process on his/her behalf, the member shall make himself/herself available for service of process when physically at his/her unit and shall not attempt to evade service. 4. If a member fails to make himself/herself available for service when physically at his/her unit or otherwise attempts to evade service, he/she may be subject to discipline. V. PROCEDURES A. Civil and Criminal Subpoenas 1. Responsibilities of CLD a. CLD shall designate and maintain an active, operational and up-to-date MPD e-mail account for receiving electronic requests to facilitate service of process. b. CLD staff must log into the e-mail account designated for receiving electronic requests to facilitate service of process throughout their tour of duty to retrieve any incoming requests. c. CLD staff must completely open all e-mail requests to facilitate service of process and any attached documents. d. CLD staff must review all e-mails and attachments to determine whether: (1) The required written certification has been included; (2) The identity of the member can be ascertained based upon the information provided in the certification and/or subpoena; and (3) The subpoena requires a member to appear in less than seven (7) calendar days. e. If a written certification is not included or the identity of the member cannot be ascertained, CLD staff must send a reply e-mail to the sender indicating the subpoena has been rejected. f. If an Emergency Subpoena Notification (subpoena requiring a member to appear in less than seven (7) calendar days) SERVICE OF SUBPOENAS AND CIVIL LAWSUITS… GO-PCA-701.04 8 of 19 has been requested, CLD staff must review the e-mail and attachments for: (1) An explanation for the expedited request; (2) Verification that the non-government attorney or unrepresented party has contacted the member and the member has agreed to appear for the subpoena; and (3) The signature of the non-government attorney or unrepresented party issuing the subpoena. g. If a request for an Emergency Subpoena Notification is not accompanied by the requisite explanation and verification, CLD staff shall reject the subpoena and return the subpoena to the sender. h. If all prerequisites are met, CLD staff shall send to the named member via e-mail: (1) A Subpoena Notification; and (2) An electronic copy of the subpoena. 2. Responsibilities of Members a. Responsibilities of Members Receiving Notifications of Subpoenas Via E-mail: (1) Members shall maintain active, operational and up-to- date MPD e-mail accounts. (2) Members shall log into their account at least once during their tour of duty. (3) Members must completely open all Subpoena Notifications and attachments. (4) Once a Subpoena Notification has been opened, members shall click on the icon to send a read receipt. b. Responsibilities of Members with regard to Personal Service of Subpoenas SERVICE OF SUBPOENAS AND CIVIL LAWSUITS… GO-PCA-701.04 9 of 19 (1) Except with respect to a member of the force engaged in undercover duties, a member being served shall make himself/herself available to receive and shall not refuse to receive personal service of a subpoena in any legal matter arising out of the performance of his/her official duties. (2) Members shall make themselves available for service of subpoenas when physically at their units and shall not attempt to evade service. (a) If an administrative investigation establishes that a member failed to make himself/herself available for service when physically at his/her unit or otherwise attempted to evade service, the member may be subject to discipline in accordance with the provisions set forth in GO- PER-120.21 (Disciplinary Procedures and Processes). (b) If a member fails to make himself/herself available for service when physically at his/her unit or otherwise attempts to evade service, the court may order the release of the member’s home address, place the member in default, or order the member to pay attorney’s fees and costs. (3) Members shall not accept service of a subpoena for another member, in person, by certified mail, or by e- mail unless specifically authorized to do so. (4) At no time shall a member be ordered to return from the field to his/her organizational unit to make him/herself available for personal service of a subpoena. c. As a subpoena is a court order, members in receipt of a Subpoena Notification and/or a subpoena (served personally or through substitute service) should comply with the terms of the subpoena. Failure to comply with a subpoena may result in the court finding the named member in contempt and imposing civil and/or criminal penalties against the member. A finding of contempt could result in an internal investigation and potential discipline. SERVICE OF SUBPOENAS AND CIVIL LAWSUITS… GO-PCA-701.04 10 of 19 d. Members in receipt of Subpoena Notification and/or a subpoena (served personally or through substitute service) shall not check in at CLD. e. Members in receipt of a Subpoena Notification and/or a subpoena (served personally or through substitute service) should check in with the subpoenaing non-government attorney or unrepresented party. f. Members appearing pursuant to a Subpoena Notification and/or subpoena (served personally or through substitute service) from a non-government attorney or unrepresented party should obtain a witness fee check or voucher from the subpoenaing non-government attorney or unrepresented party. (1) If the subpoenaing non-government attorney or unrepresented party does not present a witness fee check or voucher, members should contact the Office of General Counsel immediately. (2) If the subpoenaed hearing, deposition, or trial occurs outside the member’s scheduled tour of duty, the member shall be entitled to keep any applicable witness fee proffered by the non-government attorney or unrepresented party, but shall not be entitled to any compensation from the Department unless the member was appointed prior to January 1, 1980. NOTE: D.C. Official Code § 5-1304 (2001 ed.), which requires overtime compensation for court duty performed while off-duty, does not apply to members appointed after January 1, 1980. (3) If members appear pursuant to a Subpoena Notification or subpoena during their scheduled tour of duty, they must surrender the witness fee check or voucher to their unit’s administrative section on the next business day. g. Members in receipt of a CANS from USAO or OAG and in receipt of a Subpoena Notification and/or subpoena (served personally or through substitute service) from a non- government attorney or unrepresented party for the same case shall: SERVICE OF SUBPOENAS AND CIVIL LAWSUITS… GO-PCA-701.04 11 of 19 (1) Check in and out at CLD as outlined on GO-PCA- 701.01(Court and Hearings.) (2) Check in with both attorneys and obtain a witness fee check or voucher from the subpoenaing attorney or unrepresented party. NOTE: In accordance with 42 U.S.C. § 3796gg (Violence Against Women Act), members will not receive a witness fee from domestic violence petitioners. h. Conflicting Court Commitments (1) Members who must handle their court commitments on a priority basis shall notify each waiting government attorney, non-government attorney, and/or unrepresented party that they have checked into court and give their location and expected arrival time. Such notifications shall be accomplished by 0830 hours, or by the CANS or Subpoena Notification “time due,” whichever is earliest. (2) Where multiple commitments conflict, members shall dispose of their commitments in accordance with the following priority schedule: (a) Preliminary hearing pre-conferences; (b) Juvenile cases and papering; (c) Adult OAG cases; (d) Adult USAO cases; (e) Jury trials; (f) Non-jury trials in U.S. District Court; (g) Juvenile trials; (h) Non-jury trials in Superior Court; (i) Hearings; and SERVICE OF SUBPOENAS AND CIVIL LAWSUITS… GO-PCA-701.04 12 of 19 (j) Matters not before the court, such as depositions. (3) Despite this priority list, the case that is called first before the court takes priority over the cases waiting. (4) Throughout the day, members shall keep the government attorneys, non-government attorneys, and/or unrepresented parties informed of their whereabouts, and the status of their pending and conflicting cases. i. Responsibilities of Members Receiving Subpoena Duces Tecum: (1) Members may be served with subpoenas which not only require them to appear and testify in person, but also to produce MPD documents related to their testimony. Members are reminded that while they may have access to many MPD documents, they are usually not the official custodian of the records, and shall not release MPD documents without proper authorization. (2) Members who receive subpoenas requiring them to appear and produce MPD documents, shall immediately bring the subpoena to the attention of their supervisor and notify the Office of the General Counsel. (3) If it is determined that the documents may be released, the member shall be authorized to bring the documents to the trial or hearing and he/she shall be given appropriate instructions concerning the production of the documents. (4) If it is determined that the documents may not be released, the Office of the General Counsel may act to have the subpoena withdrawn, quashed, or modified. j. Responsibilities of Members Receiving Subpoenas for the Custodian of Records or the Chief of Police: (1) Members presented with subpoenas directed to the Chief of Police or the Custodian of Records requiring production of MPD documents shall not accept service SERVICE OF SUBPOENAS AND CIVIL LAWSUITS… GO-PCA-701.04 13 of 19 of the subpoena unless the member is the official custodian of the records specified in the subpoena. (2) If the member is not the official custodian of records, the member shall direct the process server to the Identification and Records Division, located on the Third Floor of the Metropolitan Police Department Headquarters at 300 Indiana Avenue, NW, Washington, DC 20001. (3) Members should immediately notify the Office of the General Counsel if a process server leaves such a subpoena despite being told that the member cannot accept service of the subpoena. B. Summonses and Complaints for Civil Lawsuits 1. Responsibilities of CLD in Notifying Members of Summonses and Complaints a. CLD shall designate and maintain an active, operational and up-to-date MPD e-mail account for receiving electronic requests to facilitate service of process. b. CLD staff must log into the e-mail account designated for receiving electronic requests to facilitate service of process throughout their tour of duty to retrieve any incoming requests. c. CLD staff must completely open all e-mail requests to facilitate service of process and any attached documents. d. CLD staff must review the e-mail and attachments to determine: (1) The required written certification has been included; and (2) Whether the identity of the member can be ascertained based upon the information provided in the certification and/or the summons and complaint. e. If a written certification is not included or the identity of the member cannot be ascertained, CLD staff must send a reply e-mail to the sender indicating the summons and complaint have been rejected. SERVICE OF SUBPOENAS AND CIVIL LAWSUITS… GO-PCA-701.04 14 of 19 f. If a written certification is included and the identity of the member can be ascertained, CLD staff shall forward the e- mail (with attachments), along with an electronic copy of the Acknowledgment of Receipt of Summons and Complaint (Attachment A) to the named member within two (2) business days of receipt. 2. Responsibilities of Members in Accepting or Declining Service of Summonses and Complaints Via E-Mail a. Members shall maintain active, operational and up-to-date MPD e-mail accounts. b. Members shall log into their account at least once during their tour of duty. c. Members must completely open all e-mail notifications and attachments regarding service of process. d. If a member chooses to accept service of a summons and complaint e-mailed by CLD, the member shall complete the Acknowledgment of Receipt of Summons and Complaint form and send it to the attorney or party on the summons within fourteen (14) calendar days of the complaint and summons being received by CLD. (1) The member may mail, courier, or deliver by any other reliable means the completed Acknowledgment of Receipt of Summons and Complaint form to the attorney or unrepresented party on the summons. (2) Service of the summons and complaint shall be deemed complete when the member sends the Acknowledgment of Receipt of Summons and Complaint form to the attorney or unrepresented party on the summons. e. If a member chooses not to accept service of the summons and complaint e-mailed by CLD or otherwise fails to transmit a completed Acknowledgment of Receipt of Summons and Complaint form to the attorney or the unrepresented party on the summons within fourteen (14) calendar days of the summons and complaint being received by the CLD, the member may be served in person by a process server at his/her unit. SERVICE OF SUBPOENAS AND CIVIL LAWSUITS… GO-PCA-701.04 15 of 19 3. Responsibilities of Members Receiving Personal Service of Summonses and Complaints a. Except with respect to a member of the force engaged in undercover duties, a member being served shall make himself/herself available to receive and shall not refuse to receive personal service of process in any legal matter arising out of the performance of his/her official duties. b. Members shall make themselves available for service of summonses and complaints when physically at their units and shall not attempt to evade service. (1) If an administrative investigation establishes that a member failed to make himself/herself available for service when physically at his/her unit or otherwise attempted to evade service, the member may be subject to discipline in accordance with the provisions set forth in GO-PER-120.21 (Disciplinary Procedures and Processes). (2) If a member fails to make himself/herself available for service when physically at his/her unit or otherwise attempts to evade service, the court may order the release of the member’s home address, place the member in default, or order the member to pay attorney’s fees and costs. c. Members shall not accept service of a summons and complaint for another member, in person, by certified mail, or by e-mail unless specifically authorized to do so. d. At no time shall a member be ordered to return from the field to his/her organizational unit to make him/herself available for personal service of process. NOTE: An employee assigned to the Office of the General Counsel shall accept service on behalf of the Chief of Police, if requested by the Chief. C. Substitute Service of Subpoenas and Civil Lawsuits 1. Appointment of Bureau Head to Accept Service of Process SERVICE OF SUBPOENAS AND CIVIL LAWSUITS… GO-PCA-701.04 16 of 19 a. Members may appoint the Bureau Head of the bureau to which they are assigned to accept service for them by completing the upper portion of a PD Form 161 (Attachment H) and submitting them to the Bureau Head. c. Members make revoke their appointment of a Bureau Head to accept service for them at anytime by completing and submitting the middle portion of the PD Form 161 to the Bureau Head. d. Members may decline to appoint a Bureau Head to accept service for them by completing and submitting the bottom portion of a PD Form 161 to his/her Bureau Head. e. The Bureau Heads shall maintain lists of all members who have appointed them to accept service for legal matters involving the performance of their official duties. 2. Responsibilities of Bureau Head with regard to Substitute Service of Process a. When a Bureau Head or his/her designee(s) is presented with a subpoena or summons and complaint for a member who has appointed the Bureau Head to accept service on his /her behalf, the Bureau Head must determine whether: (1) The required written certification has been included; (2) The identity of the member can be ascertained based upon the information provided; and (3) The member is required to appear in less than seven (7) calendar days. b. If a written certification is not included or the identity of the member cannot be ascertained, the Bureau Head or his/her designee(s) shall reject the subpoena or summons and complaint. c. If a subpoena requires a member to appear in less than seven (7) calendar days, the Bureau Head or his/her designee(s) must receive in writing: (1) An explanation for the expedited request; SERVICE OF SUBPOENAS AND CIVIL LAWSUITS… GO-PCA-701.04 17 of 19 (2) Verification that the non-government attorney or unrepresented party has contacted the member and the member has agreed to appear for the subpoena; and (3) The signature of the non-government attorney or unrepresented party issuing the subpoena. d. If a subpoena requiring a member to appear in less than seven (7) calendar days is not accompanied by the requisite explanation and verification, the Bureau Head or his/her designee(s) shall reject the subpoena. e. If all prerequisites are met, the Bureau Head or his/her designee(s) shall accept service, date-stamp the subpoena or summons and complaint, and record: (1) the name and number of the case; (2) the title of the legal documents served; (3) The time and date of service; (4) the member served; (5) the name of the person accepting service; and (6) the name of the person effecting service. f. If a Bureau Head or his/her designee(s) accepts service of a subpoena which requires the member to appear in less than seven (7) calendar days, the Bureau Head shall immediately contact the member to inform him/her of service and arrange delivery of the documentation to the member. g. The Bureau Head shall forward all other subpoenas or summonses and complaint within forty-eight (48) hours of service to the members’ Commander/Director for delivery. D. Obtaining Legal Counsel 1. Members may be entitled to free legal representation by the OAG in civil lawsuits arising out of their official duties for the Department. 2. Members who wish to request representation by the OAG should immediately respond to the Department’s Office of the General SERVICE OF SUBPOENAS AND CIVIL LAWSUITS… GO-PCA-701.04 18 of 19 Counsel and complete a PD Form 858 (Request for Representation by the Office of the Attorney General for the District of Columbia) and an Employee Representation Form. [See GO-PER-201.12 (Legal Counsel for Members of the Department)]. 3. Members shall ensure the summons and complaint are personally delivered to the Office of the General Counsel without delay, along with any documentation (e.g., police reports.) or reports of investigation pertaining to the case which are readily available to the member served. 4. Failure to notify the Office of the General Counsel or OAG of a civil lawsuit or delay in notifying the Office of the General Counsel or OAG of service of the summons and complaint may result in the member being held liable by the court and/or having OAG deny representation. 5. Members who do not wish to be represented by the OAG may obtain private legal counsel at their own expense. NOTICE: Should a conflict in procedures arise, the provisions enumerated in this order shall supersede provisions in any existing order. VI. CROSS REFERENCES A. GO-PER-120.21 (Disciplinary Procedures and Processes) B. GO-PER-201.12 (Legal Counsel for Members of the Department) C. GO-PCA-701.01 (Courts and Hearings) D. GO-PCA-701.06 (Court Appearance Notifications) E. D.C. Official Code § 5-105.09 F. D.C. Official Code § 5-1304 G. D.C. Municipal Regulations (DCMR) Title 6A, Chapter 20 H. 42 U.S.C. § 3796gg (Violence Against Women Act) VII. ATTACHMENTS A. Acknowledgment of Receipt of Summons and Complaint B. Blank Subpoena from the Superior Court for the District of Columbia SERVICE OF SUBPOENAS AND CIVIL LAWSUITS… GO-PCA-701.04 19 of 19 C. Blank Subpoena to Produce Documents from the United States District Court for the District of Columbia D. Blank Subpoena to Testify at a Deposition from the United States District Court for the District of Columbia E. Blank Subpoena to Testify at a Hearing or Trial from the United States District Court for the District of Columbia F. Blank Civil Summons from the Superior Court for the District of Columbia G. Blank Civil Summons from the United States District Court for the District of Columbia H. PD Form 161 (Appointment of Service of Process Agent Designee Form) Cathy L. Lanier Chief of Police CLL:PAB:MOC:TQH:JC  ACKNOWLEDGMENT OF RECEIPT OF SUMMONS AND COMPLAINT TO: (Name of Plaintiff’s Attorney or Plaintiff (if not represented by an attorney)) (Address of Plaintiff’s Attorney or Plaintiff (if not represented by an attorney)) I, , acknowledge that I received a copy of the Summons (Name of Member) and Complaint in the case of v. District of Columbia, (Name of Lawsuit) Civil Action No.. By signing this form acknowledging receipt of the Summons and Complaint and returning it within fourteen (14) calendar days to the Plaintiff’s Attorney or to the Plaintiff (if not represented) listed on the Summons, I am agreeing that service of process is complete and that I do not have to be served in person with the Summons and Complaint. 1 Signature of Member Date 1 If this form is not returned within fourteen (14) calendar days to the Plaintiff’s Attorney or to the Plaintiff (if not represented by an attorney), then you are subject to being served in person with the Summons and Complaint by a process server. GO-PCA-701.04 (Service of Subpoenas and Civil Lawsuits Upon Members of the Department) Acknowledge of Receipt of Summons and Complaint Attachment A Revised November 10, 2011  SUBPOENA ~uiar QIourt of ~ ~ildrirt of QIolumbia CIVIL DIVISION 500 Indiana Avenue, N.W., Room J M-17D Washin gton. D.C. 20001 T elephone (202) 87~ 1l 55 SU BPOENA IN A CIVIL CASE Plaintifl v. CASE N UMBER: _ Ddmdanl To: _ o YOU AR E COMMA NDED 10 a ppear at the place, dale, and lime specified below 10 testify in the above case. I COUR TR OOM DATE TIME o YOU ARE COMMANDED to appea r at the place, date, a nd time specified below to test ify at the taking of a deposition in the above case. I PLACE OF DEPOSmON DATE TIME o YOU ARE COMMANDED 10 p roduce and perm i t inspection and copying of t he fo llo wi n g documents or o bjects at th e place. da te. and lime specified be lo w (list do cuments OT o bjects): DOCUMENTS OR OBJECTS PL ACE OF PRODUCTION DATE TIM E o YO U ARE CO M MAN DED 10 permit inspectio n of the followin g premises at the date and lime specified belo w. I PREM ISES DATE TIME Any o r ganiza tion not a party to th is su it tha t is subpoenaed for the la k ing o f a deposuion sha ll designa te o ne or more officer s. d irecto rs. or m anaging age nt s. or o ther persons who consent to testify o n in behalf. a n d m a y set fo rt h. fo r ea ch ~ (. n n design ated, the matters on whi ch the person will testily, SCR ·CIV 50(b)(6), ISSU ING PE RSO N'S SJG NAT UR E AN D TI TL E (ind ica te if a no mey fo r pla int iff or de fend a nt] D AT E ISSUI NG PERSON'S NAME , ADDRESS AND PHONE NUMB ER (SEE RULE 45. SU PERIO R COURT RULES OF CIVIL PROCEDURE ON REVERSE) WHITE-oIUGINAL YELLOW-FOR RETUR N SERVICE PINa-oFFICE COPY GO-PCA-701.04 Attachment B Effective November 10, 2011  Au thoril.u io n as req u ired by D.C. Code §14· 307 and BlOwn v U.S., !167 A. 2d 426 (D_C. 1989 ). is her eb y gi ven for issua nce uf a su bpoena 1m med ical records co ncern ing a person w ho hon n OI co n sen ted to disc losu re of the reco rds a nd h.:.u nor waived the pri vilegr rdatin~ 10 suc h records. JudRt' To Whom C. UfO Ii ~5i!t"~ PROOF OF SERVICE IPLACE SERVED SERVED ON (PRI N T NAME) MANN ER OF SER VI CE (attach return receipt if service was ma de by.egisferro or cer tified mail) ISERVED BY (P RINT NAM E) IT IT L E DE CLARATION OF SERVER I decl ar e under p en alt y o f p er jury u n d er th e la ws of th e D is trict o f Colum bia th a t I am at lea st 18 years of ag e a n d n ot ,J party to the above en m led ca us e and that th e Ior ego irtg rn fo r m ati on contai ned. in the- Proof or Ser vin' ' ''' tr u e and co m-cr. Exec uted o n DATE S' C;NAT URf or SERVER ADDRESS OF Sf:RVt:R RULE 45, SU P ER IO R COURT RULES O FC IVIL PR O C ED URE , Secn o n s C &: J) : (c) PrOI«1ion of Prnons Su bj«t 10 Su b~mUl. \ I ) A p art y o r a n a l lb r nr-y res pon si bl e f,)I rb e iss uan ce ;111(1 50('1\·H( o f a !>ll hp(W"lI d shall rake reasonabh- ~ H'P'i 10 ;Wll ut im po si n g Ulillt W burden o r ex pen se o n a per so n su bject to Ih al su bpoena. F he Cou r t sh a ll {' II(OI H~ rtus d UI.,- And i m post' n pou the p Ally or 3uCJlIley 10 bre:u. h o t thu dillY au app ro pria te san ction. which ma y uutude. but is not luru ted 10. lo st ear n i ug-, dnd reaso na ble a nom ev's Iee. (2)(AI A per son comma nded 10 product, a n d p er m n in sp ec non a n d copying o f des tg u ared books, p a pe rs, d ocu ments o r LlnRibl e Ihi n g :o; or in s pec non o f pr e mi ve s n eed n O I a p p e a r rn person at r h e p ia u' o f produ cuo n c.r i mp e ( I io n u nless rom m a n dr-rt 10.1fJ l>e;l r fo r d cposi uon. h l' I....'( ,fil " " 1' : 1110. ~ r O{ t -! I ! ;1 1'1 I' ~ II: (/ h p ',l (' I eq.Hld H' ~u l ll ng fro m Ill(' cXpt' Il "s ' I Udl lOa d t· nor.11 IIw ll"1' j U l:'l>t.,f An V p art \. o r ( ii i ) rl'Qui r~ a pe rso n w h ' ll ~ nor a p :lrt y 01 a n o fi I< (' 1 l , f a p.U IY tu i iH Ul ~ t; h!> l a l\ li J ! e xp '·IIS(· l ll If.n {'j IIH II t' 'h al~ "!;, mil t's 10 :tll l·11d lr lal. (hfO (".o u r! m a y, 10 p rol("ct a penon SUbj fOCl to u r. H r-( l l"