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G.O. 11 LONGWOOD POLICE DEPARTMENT GENERAL ORDER NUMBER: GO - 11 SUBJECT: JUDICIAL PROCESS EFFECTIVE: OCTOBER 1, 1995 REVISED: MARCH 31, 2023 GENERAL ORDER JUDICIAL PROCESS GO – 11 PAGE 1 OF 4 I. PURPOSE: The purpose of this General Order is to establish policy and procedures governing the receipt and compliance to court subpoenas. II. SCOPE: This procedure establishes guidelines governing the acceptance of subpoenas, witness compensation, and civil and criminal court appearances. III. ACCEPTANCE OF SUBPOENAS: A. Employees will accept and obey all subpoenas legally served on them pursuant to Chapter 48.031, Florida State Statutes, under the following guidelines: 1. Service may be made at an employee’s residence; substitute service may be made to the employee’s spouse; or, 2. Service may be made directly to an employee; or, 3. Service may be made to the employee’s supervisor or other designated administrative employee of the Police Department. 4. Supervisors and designated administrative employees are not required to accept service: a. For a witness who is no longer employed by the Police Department; b. If the employee is not scheduled to work prior to the date of the appearance; or GENERAL ORDER JUDICIAL PROCESS GO – 11 PAGE 2 OF 4 c. If the appearance date is less than five days from the date of service. B. Employees shall stay abreast as to the status of all pending court cases in which they may be involved. C. Employees shall respond promptly, and follow all instructions on subpoenas whether on or off duty. D. If any employee is unable to respond to a subpoena for any reason, they are directly responsible for notifying the attorney or other authority issuing the subpoena. E. Employees shall notify the Victim/Witness Office of the State Attorney’s Office of any pending vacation leave scheduled prior to the disposition of any trial. This notice shall be given to the Victim/Witness Office in writing prior to taking vacation leave. F. Employees receiving notification to contact the Public Defender or State Attorney’s Office will do so promptly. G. A subpoena will have priority over an order issued by a supervisor. 1. If there is a conflict, the employee will advise the supervisor of the subpoena. 2. The supervisor will allow the employee to honor the subpoena. H. Notification of an officer to appear in traffic court will be made electronically. The traffic court docket is posted electronically to the traffic court calendar. It is the officer’s responsibility to review each docket routinely to determine if a court appearance is scheduled. I. Verbal notification or a subpoena previously served will be sufficient to be considered service. IV. CIVIL LITIGATIONS: A. Employees shall not testify in civil cases arising out of their employment unless lawfully subpoenaed, except when appearing as a witness on behalf of the Police Department. B. Employees shall not serve civil process except as directed by state statute concerning Domestic Violence. GENERAL ORDER JUDICIAL PROCESS GO – 11 PAGE 3 OF 4 C. Employees shall immediately notify their supervisor if lawfully subpoenaed to testify in a civil case related to Police Department business. D. Any employee who has a civil suit filed against them by reason of any act performed by them on or off duty, shall immediately notify the chief through the chain of command. E. Employees shall furnish written notification to the chief of their intent to file a suit in any court of law regarding matters arising out of their employment, not less than five days prior to the actual filing date. 1. Employees shall not institute a civil action arising out of their official duties without notifying the chief. 2. Employees shall not accept or agree to accept anything as payment for personal injury or property damage incurred in the line of duty without first notifying the chief. V. WITNESS FEES: A. All witness fees paid to employees as a direct result of their employment shall be endorsed by the employee and submitted to the City for processing. B. Off-duty, non-salaried, employees responding to subpoenas will be compensated in the form of overtime pay, if deemed appropriate by his/her immediate supervisor. C. Employees will not accept any gratuities for interviews with investigators, attorneys, or other persons. VI. COURT APPEARANCE: A. Manner of Dress: When attending court or judicial hearings, employees shall dress appropriately. Employees shall wear the issued Class A uniform or conform to the following professional business attire: 1. Male employees shall wear a business suit and tie or sports jacket, tie, and dress slacks. 2. Female employees shall be dressed in a business suit, conservative dress, or dress slacks and a blouse. GENERAL ORDER JUDICIAL PROCESS GO – 11 PAGE 4 OF 4 B. Testifying: 1. Employees will not give depositions to attorneys or investigators concerning arrests or investigations unless lawfully subpoenaed or authorized to do so by the chief. a. When testifying, employees will be attentive and speak in a clear, audible tone of voice. b. Employees will be familiar with the laws of evidence and will testify truthfully, fairly, and respectfully whether being questioned by the prosecution, the defense or by the court. c. Testimony will be presented in a precise, factual, and concise manner.