Subpoena and Legal Process

Overview

Occasionally, Eligibility Workers are subpoenaed to testify in court concerning an assistance case in their current or former caseload. The following section is a guide which workers may find useful on such occasions.

Subpoena and Legal Process

The Custodian of Records is solely responsible for the acceptance and subsequent service of subpoenas and other legal process.

The Custodian of Records for the Department of Employment and Benefits (DEBS) is:

Mariela Moncayo

333 W. Julian St.,
San Jose, CA 95110
(408) 755-7187.

If Mariela Moncayo is not available, the back-up Custodian of Records, also located at 333 W. Julian St. are;

Subpoenas and other legal process are NOT to be accepted by agency staff. The receptionist or a staff member (NOT the person named on the legal document) MUST direct any person attempting to serve papers, to the Custodian of Records at 333 W. Julian St. San Jose, CA 95110.

If the Process Server leaves the subpoena/legal process without authorization, the receptionist should note the time, date and place of such delivery. If the receptionist informed the Server that the legal document was NOT accepted at that location, it should also be noted on the legal document. The Custodian of Records must be notified of the situation immediately.

Occasionally, our staff members receive subpoena and other legal process (i.e. petition for disclosure of records) through the U.S. mail system. These requests must be forwarded immediately to the Custodian of Records for disposition.

The Custodian of Records is authorized to accept subpoena and other legal process and to subsequently serve them on agency staff as may be necessary. Therefore, when the Custodian of Records comes to a district office for the purpose of serving a subpoena/legal process, he is to be admitted without delay.

The subpoena is NOT considered to be served until it is delivered to the person who is being subpoenaed or to the supervisor, if the person cannot be contacted. A subpoena is a legal document requiring a person to appear in court on a specific date and time. The person is expected to provide testimony in the case pending before the court that is indicated on the subpoena.

Agency’s Expectations

The Agency’s expectations to accept and respond to subpoenas and the consequences for failure to do so are as follows:

  • A subpoena served by the Agency’s Custodian of Records can NOT be ignored.
  • Staff’s failure to appear in court can have a negative effect on the credibility of the Agency and you as an employee; and can possibly result in an adverse outcome of the trial.
  • Failure to appear in court when you are subpoenaed can result in a bench warrant being issued for your arrest for non-appearance.
  • Testifying in court and at hearings is included in the Eligibility Worker and Eligibility Examiner job specifications. Non-appearances could result in disciplinary action.

Subpoena Process and Preparation for Court

When the Custodian of Records serves you with a subpoena, the Custodian will review the response procedures that are applicable to the subpoena and provide general instructions for court testimony as needed.

  • You MUST give your supervisor a copy of the subpoena request and the "telephone standby agreement", if included.
  • When the subpoena is delivered, if you have a pre-approved conflict (i.e., preapproved vacation, medical appointment, etc.,) you must inform the Custodian of Records IMMEDIATELY and contact the District Attorney (DA) so other arrangements can be made. Every effort should be made to rearrange your time off, if at all possible.

    • NO TIME OFF SHOULD BE APPROVED AFTER A SUBPOENA IS DELIVERED, IF IT CONFLICTS WITH THE COURT DATE.

  • You must be available from 8:00 a.m. to 5:00 p.m. on your court date. If your court appearance falls on your routinely scheduled day off (i.e. alternate hours), it is your responsibility to arrange an alternate day off with your supervisor. If your normal work day is other than 8 - 5 (adjusted work hours), you must revert to 8 - 5 for that day. [Adjusted Hours Side-letter Agreement, 1.D.]
  • If an emergency arises and you cannot be at court on that day, contact your supervisor. Your supervisor MUST contact the D.A. and advise them of the situation.
  • If a "Telephone Standby Agreement" is attached, complete and return it to the D.A. in the self-addressed envelope. Telephone stand-by does NOT relieve you from your obligation to appear in court when needed.
  • Telephone standby does not apply to all types of subpoenaed court appearances. Do NOT assume you are on telephone stand-by unless the agreement is attached to your subpoena and returned to the D.A.
  • It is suggested you contact the D.A. one or two business days prior to the court date to confirm your standby status and to determine the actual date for your court appearance.

    • Note: The date on the subpoena is usually the first date of the trial, not necessarily the date that your presence in court will be required.

  • The investigator should also be contacted in advance if you wish to review the case or documents to refresh your memory prior to the hearing.
  • If you have any legal questions regarding your testimony, County Counsel may be contacted at (408) 299-5900 for legal advice.
  • On your court date, it is your responsibility to arrive promptly, as ordered. If transportation is needed, notify your supervisor in advance.
    • Subpoenas from the D.A. will include a parking voucher and instructions on use of parking facilities.
  • If you are on telephone standby, you must be by your phone all day.
    • If you have a cell phone, keep your cell phone on and with you at all times.
    • Make sure you provide the D.A. with your cell phone number.
  • Dress conservatively, as you would for a job interview, for example. (Do not wear blue jeans or T-shirts.)
  • Subpoenas are valid for one (1) year. If the court date on the subpoena is changed or if you are notified of additional court dates for the same issue, you should consider yourself to still be under subpoena if the dates are within a year of the original subpoena. If you have any questions as to when you are excused, you should contact the D.A.

Related Topics

Courtroom Decorum

Testimony