8.1 Process Served on an Employee
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Centreville Police Department Title: Process served on an Employee Directive #: 8.1 Issued: 10.1.2016 Revised: 10.1.2016 Approved by: Charles M. Rhodes, Jr.
Chief of Police A. Policy Employees will comply with all summons and subpoenas they receive.
B. Definitions
DEPOSITION:
• oral testimony recorded for use in court when a witness is unable to attend a trial or hearing.
SUBPOENA/SUMMONS:
• process to cause a witness to appear and give testimony, commanding him to lay aside all pretenses and
excuses, and appear before a court therein named at a time mentioned to testify for the party named under the penalty therein mentioned.
SUBPOENA DUCES TECUM:
• a subpoena requiring the production of records, books, papers, and other things described in the
subpoena which are in the possession of the person subpoenaed.
C. Procedures
1. Requests for Appearance as a Witness or to Provide a Deposition in a Traffic or Criminal Case
a. All subpoenas and summonses for service on employees will be delivered to CPD.
b. The person who receives the summons or subpoena will immediately forward it to the Lieutenant who will make arrangements for notification of the employee.
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(1) If the employee has a conflict and will be unable to appear in court as directed, he will notify the
State's Attorney in each jurisdiction to resolve the conflict.
(2) If the employee is unable to resolve the conflict, he will notify his supervisor.
c. A ‘Court Notifications Log’ will be maintained and all summons and subpoenas will be placed in the log, as they are received.
(1) Employees will check the log frequently for any summons or subpoenas issued for them and sign
and acknowledge receipt for any located.
d. All employees will comply with all summons and subpoenas.
2. Requests for Documents
a. If an employee receives a subpoena duces tecum, he will be responsible for obtaining the required records and appearing as directed.
b. All subpoenas or summonses received compelling only the production of criminal history records will be forwarded directly to the Director of the Criminal Justice Information System Central Repository for processing.
c. In motor vehicle accident investigations or criminal investigations, subpoenas or summonses compelling only the production of records will be forwarded to the Lieutenant for processing.
3. Lawsuits and Subpoenas
Officers and civilian employees who are named as defendants in criminal and civil cases will follow the procedures in Directive # 4.12.
4. Request for Appearance as a Witness or to Provide a Deposition for a Defendant
a. An employee may be summoned as a witness or to provide a deposition for a defendant.
b. When providing testimony about the character of a defendant, an employee will do so as a private citizen.
c. Whenever an employee is summoned to give testimony for a defendant, he will notify his supervisor immediately, in writing, and will include the name of the defendant, the date and location of trial, and the issues about which the employee will be testifying.
d. The supervisor will notify the State's Attorney's Office that the employee will be appearing as a witness or that he will be providing a deposition for a defendant.
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