Boca Raton Police Services Department Civil Process PDF

BOCA RATON POLICE SERVICES DEPARTMENT Standard Operating Procedure 74.02 CIVIL PROCESS Revised: December 4, 2018 I. PURPOSE: The purpose of this standard operating procedure is to provide officers with direction and procedure concerning the service of civil processes. II. DEFINITIONS: Writ: An order...

BOCA RATON POLICE SERVICES DEPARTMENT Standard Operating Procedure 74.02 CIVIL PROCESS Revised: December 4, 2018 I. PURPOSE: The purpose of this standard operating procedure is to provide officers with direction and procedure concerning the service of civil processes. II. DEFINITIONS: Writ: An order issued by a court of law that directs a person to perform some form of action and giving the person the authority to perform the act, e.g. writ of replevin, a court order repossessing an object. Subpoena Duces Tecum: A court order commanding a person to appear at a certain time and place and/or to produce a document. Civil Processes: Writs, summonses, mandates, or other process issued from a court of law or equity pertaining to a cause of action of a civil nature. the term includes original, intermediate, and final process to be served by the department in any action involving civil litigants. 24.01 III. PROCEDURE: A. CIVIL PROCESS FUNCTION: 1. The service of civil process is normally a function of the Palm Beach County Sheriff’s Office (PBSO). However, when required by statute or upon request from civilians who have obtained a civil process, or upon a request from PBSO for assistance, LEOs will provide service as required by statute or as directed by a supervisor. B. DOCUMENTS OF SERVICE: 24.01 1. Documents of service include, but are not limited to, witness subpoenas, judicial orders, domestic violence injunctions, Risk Protection Orders, Injunctions for Protection of a Vulnerable Adult, summonses, or notices issued by other city departments. 2. Civil process documents are received from both civilian and government sources. The delivery of each civil process is documented in an incident report. C. DOMESTIC VIOLENCE INJUNCTIONS: 24.01 1. 24.02 A LEO must serve domestic violence injunctions on the respondent personally. Effective: January 1, 1989 Revised: December 4, 2018 Civil Process SOP No. 74.02 Page 1 of 3 2. The LEO, upon receipt of a certified domestic violence injunction, shall request a Department case number and include the following information in the Department report: 24.02 a. The date and time of call and service 24.02 b. The fact that it is a domestic violence injunction c. The court jurisdiction-issuing the injunction d. Both parties' names 24.02 e. The date of issue and the date of service to the respondent 24.02 f. The LEO's name 24.02 g. The court case number h. The address of service 24.02 i. If no service, the reasons for no service. 24.02 3. After completing service of a domestic violence injunction, the LEO shall give the remaining copy to the Records Section. 4. Records Section employees shall fax a copy to the appropriate agency and the Communications Section. They shall also forward a copy to be included in briefings. 5. The Department may serve domestic violence injunctions, if they are certified, from any jurisdiction in Florida. D. OTHER COURT ORDERS AND CIVIL WRITS: 24.01 1. The Department, if required by a court order, shall execute civil writs. a. Civil writs are usually served by the Sheriff’s Office but can be served by a law enforcement officer. b. Risk Protection Orders (RPO’s) and Injunctions for Protection of a vulnerable adult may be given directly to a municipal officer or department for service in accordance with applicable statutes and circuit court administrative orders. (Note: Service of Risk Protection Orders in accordance with statute, takes precedence over the service of other documents. See Standard Operating Procedure 74.03 Mental Health prior to serving an RPO). c. The service must be performed in a place where the LEO has a legal right to be. The courts have recognized that, when in a public place or thoroughfare, a temporary detention to serve process is not an infringement of rights. Effective: January 1, 1989 Revised: December 4, 2018 Civil Process SOP No. 74.02 Page 2 of 3 d. Certain documents, such as duces tecum subpoenas, may be directed to a corporation or business. If no individual is named, the officer should seek to serve a person of authority. 2. e. LEOs shall assist members of other agencies in the service of processes. f. LEOs shall seek to keep the peace in all situations. The LEO shall include the following in the police report: 24.02 a. The date and time received and served b. The person who was served and the method of service c. The name of the LEO who affected service d. The address of service e. If no service, the reasons for no service. Approved: Daniel C. Alexander Chief of Police Effective: January 1, 1989 Revised: December 4, 2018 Date: Civil Process SOP No. 74.02 Page 3 of 3