Chapter 1 – General Administration

14010.6.6 Subpoenas – Accepting Substituted Service

• Substituted service of a subpoena is effected only when the person to whom it is addressed acknowledges receipt of the subpoena. Acknowledgement of substituted service shall not be made without first checking with the OLAOffice of Legal Affairs, unless the subpoena is for the prosecution of an in prison offense. Acknowledgement is made by telephone, mail, or in person, as directed on the subpoena.

• Although substituted service is not completed until acknowledged by the person to whom it is addressed, an employee failing to acknowledge substituted service may be required, by the court, to pay the cost of undertaking another means of service.

• A subpoena delivered by substituted service has the same force and effect as a subpoena received by personal service, once it is received and acknowledged.

• An officer’s immediate supervisor who accepts substituted service shall ensure delivery of the subpoena to the officer as soon as possible, but in no event later than such time as shall enable the officer to comply with the subpoena.

• When substituted service for an officer is tendered to an immediate supervisor, the superior shall insure that:

  • The addressee is an officer and that the supervisor is, in fact, the addressed person’s immediate supervisor.

  • Sufficient time remains to accomplish delivery of the subpoena to the officer.

  • The supervisor can reasonably expect to deliver the subpoena to the officer in sufficient time to permit the officer to comply with the subpoena (taking into account regular days off and holidays for both the supervisor and the officer).