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Subpoenas - AR 2.15(a)

Administration AR 2.15(a)

HANDLING OF CLAIMS, SUMMONS, SUBPOENA, COURT ORDERS

AND OTHER LEGAL DOCUMENTS

1.0 The serving of a claim, summons, subpoena, court order, or any other legal document

related to district business by a copy service, a process server, or by a Deputy or Marshall

of the County, State or Federal judicial jurisdiction shall be received by the

Superintendent’s office and shall be signed for by the Executive Secretary to the

Superintendent or the Manager, Board Office Operations. The legal document will be

initialed by the individual receiving it and the date and time received will be logged on

the document.

All such legal documents shall be reviewed by the receiver for completeness and shall be

sent immediately to the proper office for handling.

2.0 If such legal documents are received by United States Mail, the mail shall be handled by

the Superintendent’s office in the same manner as denoted in number 1.0 above.

3.0 Questions regarding legal documents and timelines should be referred to the Executive

Director, Risk Management/Compliance.

4.0 The serving of legal documents on district personnel for matters not related to district

business may be done at the employee’s work location only during non-working time.

Further, such service shall be allowed only if it causes no disruption to the work flow or

work environment.

In addition, employees are required to use Personal Necessity or Vacation to address nondistrict

legal matters.

5.0 Local Agency Employees Subpoenaed as Witness (Civil Actions)

In civil cases, Government Code 68096.1 states that the party at whose request the

subpoena is issued shall reimburse the local agency for the full cost incurred by the local

agency in paying the employee his or her salary or other compensation and traveling

expenses for each day the employee is required to remain in attendance. The amount of

one hundred fifty dollars ($150), together with the subpoena, shall be tendered to that

local agency for each day that the employee is required to remain in attendance pursuant

to the subpoena.

Government Code 68097 states witnesses in civil cases may demand the payment of their

mileage and fees for one day, in advance, and when so demanded shall not be compelled

to attend until the allowances are paid. However, employees are required to attend if so

ordered by the presiding judge.

AR 2.15(b)

HANDLING OF CLAIMS, SUMMONS, SUBPOENA, COURT ORDERS

AND OTHER LEGAL DOCUMENTS (continued)

Upon receipt of subpoena to appear, please contact District Registrar’s Office in the

Student Records Department. The Registrar’s Office will be responsible for contacting

the attorneys for witness fees and reimbursement of traveling expenses.

District staff members required to appear in person shall, therefore, not be charged

vacation or personal necessity.

6.0 Local Agency Employees Subpoenaed as Witness (Criminal Actions)

Legal documents related to criminal action are not included in Government Codes

68096.1 and 68097. In criminal cases, witness fees are not collectable and witnesses are

required to appear at the discretion of the court.

District staff members required to appear in person shall therefore, not be charged

Vacation or Personal Necessity.

If clarification is needed, please contact District Registrar’s Office in the Student Records

Department.

7.0 Charter Schools

The district is not responsible for accepting legal service of documents on behalf of

charter schools.

Administrative Regulation CAPISTRANO UNIFIED SCHOOL DISTRICT

Approved: (10/81) 10/06 San Juan Capistrano, California

Revised: 7/10

Non-Discrimination Statement

The Capistrano Unified School District prohibits discrimination, harassment, intimidation, and bullying in all district activities, programs, and employment based upon actual or perceived gender, gender identity, gender expression, race, ethnicity, color, religion, ancestry, nationality, national origin, ethnic group identification, sex, sexual orientation, marital or parental status, pregnancy, age, physical or mental disability or on the basis of a person’s association with a person or group with one or more of these actual or perceived characteristics. Reference: AR 1312.3, BP 1312.3 and BP 5183.

Rich Montgomery, Executive Director, Human Resource Services/Compliance
33122 Valle Road, San Juan Capistrano, CA 92675
(949) 234-9200

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