Upon notification, by Subpoena, Subpoena or Trial Notice with a "Standby" Designation, or otherwise, employees shall make all scheduled appearances for court, trial, implied consent hearings and complaint signing.
A Subpoena or Trial Notice is an order to appear in court. State Statute does allow the issuing authority to modify the order to appear. A notation or an oral directive of "Standby" is such a modification and supersedes the order to appear. (See section on "Definitions")
Upon direct receipt of a Subpoena or Trial Notice, the employee shall indicate on the receipt portion of the Subpoena or Trial Notice all current phone numbers, including cell phone and pager numbers where the employee may be contacted. The receipt shall then immediately be returned to the supervisor serving the Subpoena or Trial Notice.
If an employee receives notice of a Subpoena or Trial Notice through direct phone contact with a supervisor, the employee shall provide the required phone numbers to the supervisor. The supervisor shall complete the Subpoena or Trial Notice receipt for the employee and relay all pertinent court information on the Subpoena or Trial Notice to the employee. The Subpoena or Trial Notice shall then be placed in the employee's office mailbox for final delivery.
Upon receipt of a Subpoena or notification thereof, the employee must make direct contact with the court representative indicated on the Subpoena or that person’s designee. This is to determine any “Standby” period and to receive specific trial information. Contact shall be made during regular business hours on the first business day after receipt of the Subpoena.
If a conflict with the date of trial or specified standby period is known or arises, the employee shall notify the issuing authority during regular business hours on the first business day that the conflict is known to exist. Employees must obtain permission from the Issuing Authority to be excused from court or to make alternative arrangements.
Upon receipt of a Trial Notice, direct contact with a court representative is not required unless a known conflict exists.
Definitions
Refer to the Commonly Used Terms page for general definitions.
- Direct Contact: In person or telephone communication between an individual delivering a message and an individual intended to receive the message (Does not include voice mail, or second party messages).
- Issuing Authority: Refers to the court, attorney, or representative of the court or attorney who has issued a Subpoena or Trial Notice with or without a "Standby" designation.
- Order to Appear: A directive on a Subpoena or Trial Notice ordering an individual to appear in court. The order to appear may be superseded by a notation or an oral directive of "Standby."
- Subpoena: An official court order for an individual to appear in court. The Subpoena remains in effect until the case is over or the Issuing Authority excuses the individual under Subpoena.
- Subpoena or Trial Notice with a Standby Designation: A Subpoena or Trial Notice that specifies by notation that the employee is on "Standby." This notation supersedes the order to appear for trial, and directs the employee to remain on "Standby" for the period stated on the Subpoena or Trial Notice. For example: Day 2 - 9:00 a.m. to 1:00 p.m. means that the employee is on standby the second day of the trial from 9:00 a.m. until 1:00 p.m. Days of trial normally exclude weekends and holidays. (See Standby Court Time).
- Trial Notice: A City Attorney document comparable to a Subpoena, whereas the same procedures and meanings apply as described for "Subpoena."