Department of Corrections and Rehabilitation - Operations Manual

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Chapter 1 – General Administration

Article 18 – Legal Matters

Revised November 4, 2008

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14010.6.9 Subpoenas – Instructions to Subpoenaed Employees

  • The OLAOffice of Legal Affairs shall immediately be notified when:

    • An authorized employee receives a subpoena for the Secretary, Undersecretary, Chief Deputy Secretary, Assistant Secretary, or Director.

    • There is a need to quash a subpoena.

    • The affected employee or the litigation coordinator believes the subpoena was not properly served.

  • The OLAOffice of Legal Affairs shall provide directions on how to proceed.

  • Local litigation coordinators, CCRMCorrectional Case Records Manager’s, or a CCRACorrectional Case Records Administrator shall immediately contact the AGAttorney General’s Office if the subpoena is connected to a case in which the AGAttorney General’s Office is representing the State, the Department, or an employee.

  • The procedure for referrals to the AGAttorney General’s Office is covered under DOMDepartment Operations Manual 14010.6.11.

  • Within one week of sending the transmittal letter to the AGAttorney General’s Office, case records personnel shall ensure that the employee, on whose behalf service had been accepted, has signed and forwarded to the AGAttorney General’s Office a Request for Representation.

  • When an employee receives a subpoena (other than as outlined above), there is no need to notify the OLAOffice of Legal Affairs, unless there are reasons to attempt to quash the subpoena.

  • Anytime an employee is served with, or otherwise receives, a subpoena arising from employment with the Department, the employee shall:

    • Contact the litigation coordinator, the CCRMCorrectional Case Records Manager or CCRACorrectional Case Records Administrator.

    • Complete a Request for Representation, unless a request has previously been filed for the specific case.

  • Employees consulting or testifying as a specialist or an expert witness, based on experience gained in the course of their employment with the Department, should first review Department regulations governing incompatible activities, CCRCalifornia Code of Regulations Section 3413(a)(10).

  • Retired employees shall contact the appropriate staff person at their former institution, region, office, or the OLAOffice of Legal Affairs.