3-705 - Processing Subpoenas and Trial Notices

Policy

All Subpoenas and Trial Notices issued to MPD employees by the County and City Attorney’s Office are processed by Court Liaison personnel and distributed to the appropriate precincts, units and divisions. Each precinct, unit and division is responsible for recording the receipt of all Subpoenas and Trial Notices on a Subpoena Log Sheet (MP-6806).

It is the supervisor's responsibility to ensure prompt and verifiable delivery of Subpoenas and Trial Notices to MPD employees. Supervisors shall deliver the Subpoenas and Trial Notices in person to the employee when the employee reports for work. If an employee is off, and will not return to work within five days, notification by direct phone contact is required (no voicemail messages, no second party messages). If the employee is contacted by phone, all pertinent information on the Subpoena or Trial Notice shall be relayed to the employee. The supervisor shall record current phone numbers where the employee may be reached, indicate that delivery was made by phone, initial and identify their employee number on the Subpoena or Trial Notice receipt. The supervisor shall then interoffice mail the receipt(s) to Court Liaison personnel within 24 hours. It may be appropriate to notify the Issuing Authority.

Upon receiving the Subpoena or Trial Notice, the employee shall make notation of current phone numbers, sign, date, and return the Subpoena or Trial Notice receipt to the serving supervisor. The serving supervisor shall then interoffice mail the receipt(s) to Court Liaison personnel within 24 hours.

If a Subpoena or Trial Notice is issued on short notice or the employee is off for an extended period of time (more than five working days) and will not return to work before the date of appearance, notification by direct phone contact is required (no voicemail messages, no second party messages). If the employee is contacted by phone, all pertinent information on the Subpoena or Trial Notice shall be relayed to the employee. The supervisor shall record current phone numbers where the employee may be reached, indicate that delivery was made by phone, initial and identify their employee number on the Subpoena or Trial Notice receipt. The supervisor shall then interoffice mail the receipt(s) to Court Liaison personnel within 24 hours. It may be appropriate to notify the Issuing Authority.

A supervisor may determine that a Subpoena or Trial Notice is "undeliverable" due to extended leave, hospitalization or other extenuating circumstances. The supervisor shall note such reason and the date the employee is expected to return to work on the Subpoena or Trial Notice and return it immediately to Court Liaison personnel.

Accelerated Subpoenas and Trial Notices such as juvenile cases or Drug Court shall be processed through Court Liaison personnel. Court Liaison personnel shall contact the employees involved or their supervisor. If the Subpoena or Trial Notice is deemed “undeliverable,” it shall be returned immediately to the Court Liaison. It may be appropriate to notify the Issuing Authority by phone.

Requests for compensation, as a result of other court jurisdictions, (e.g., Federal and out-of-state court jurisdictions), must be sent to Court Liaison personnel along with a copy of the Subpoena. The Subpoena must be signed by the attorney and must have the starting and ending time the employee was required to be in court or was placed on standby.

Definitions

Refer to the Commonly Used Terms page for general definitions.