Department of Corrections and Rehabilitation - Operations Manual

Chapter 1 – General Administration

Article 18 – Legal Matters

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14010.6.11 Subpoenas – Referral to the Attorney General

  • Subpoenas shall be referred to the appropriate AGAttorney General’s Office(see DOMDepartment Operations Manual 14010.13) under the following circumstances:

    • When issued to an employee because of their participation in, or preparation of, a diagnostic study under PCPenal Code 1203.03 or 1170 (d).

    • When an employee is subpoenaed to give an expert opinion (that is, the employee has some expertise in a particular field) in a case in which the employee has no direct knowledge of the event that is the subject of the case and an expert witness fee has not been tendered.

    • When served at a time which is unreasonably close to the date on which the appearance is required.

  • A subpoena referral shall not be made to the AGAttorney General’s Office if:

    • The employee who has been served is willing to appear at the employee’s own expense, on the employee’s own time; and

    • The Warden, RPARegional Parole Administrator, or division head authorizes the employee vacation time off to make the appearance.