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145City of Anaheim Administrative Regulation CHAPTER 1 - ADMINISTRATIVE Subject: Response to Subpoenas A.R. 145 Issue Date: Aug. 3,1992 Revised: Dec. 22, 1999 Sept.17, 2003 Page (1) of (3) Purpose: The purpose of this regulation is to establish a procedure for responding to subpoenas for personal attendance and/or for copies of City documents. The City Attorney's Office is not authorized to accept service of subpoenas on behalf of any Anaheim custodian of records or any other Anaheim employee, unless that employee is a party to an action which is being handled by the City Attorney's Office. If a subpoena is served on a City custodian of records or any other employee in an action in which the City and/or the employee is a party, please contact the City Attorney's Office immediately. The City Attorney's Office is available at extension 5169 to answer any questions which may arise concerning the handling of subpoenas. Procedures: Supoena Duces Tecum: Used to obtain records, and may require a personal appearance of the Custodian of Records. Service of a subpoena duces tecum must be made personally on the Custodian of Records of the particular City department or the designated sub -custodian. No other person is responsible for responding to subpoenas on behalf of the City. If the subpoena does not require the personal attendance of the Custodian of Records, and the City possesses some or all of the documents, the following procedure should be followed: The Custodian of Records must complete and sign the Declaration Re Response to Subpoena Duces Tecum, which is attached to this Regulation as Attachment "A", or a similar declaration if one is provided by the subpoenaing party. The documents should be copied, enclosed in an inner envelope, sealed and labeled with the title and case number of the law suit, enclosed in an outer envelope and sent to the Clerk of the Court, or as otherwise directed on the subpoena. City of Anaheim Administrative Regulation 145 Page (2) of (3) The copies should be accompanied by the Custodian's Declaration and bill for the City's cost of preparing the copies: ten (10) cents per page for pages 8 1/2 by 14 or less; twenty (20) cents per page for copying from microfilm, actual cost for oversize copies or documents requiring special processing, twenty four ($24) dollars per hour for clerical time used in locating and making the copies, computed on the basis of six ($6) dollars per quarter hour; actual postal charges and retrieval costs if the City is charged these costs by a third party. If the subpoena requires the personal attendance of the Custodian of Records, contact the attorney identified on the subpoena and ask whether the copies accompanied by a declaration would be sufficient. If the attorney still requires personal attendance of the Custodian of Records, a statutory witness fee of $150.00 must accompany the subpoena for personal attendance if the City is not a party to the action. This witness fee must be paid prior to the personal attendance of the Custodian of Records. Witnesses should keep track of their time and mileage to be deducted from the $150.00 and any monies left over should be reimbursed to the subpoenaing parry. If the subpoena does not require the personal attendance of the Custodian of Records and the City has no documents which are responsive to the request, the Custodian of Records should sign the Declaration of No Records in Response to Subpoena Duces Tecum (Attachment "A" or any similar declaration provided by the subpoenaing party) and mail the declaration to the attorney who served the subpoena. If a subpoena is served which seeks the production of employment records of any City employee, the subpoena must be accompanied by either a proof of service showing that the subpoena was served on the employee or his/her attorney, or a written authorization to release the records signed by either the employee or his/her attorney. In the event a subpoena is served which seeks the production of employment records of any Anaheim Police Department personnel, the subpoena should be forwarded to the City Attorney's Office immediately. Deposition Subpoena: Similar to a Subpoena Duces Tecum, and may also require the personal attendance of the Custodian of Records or other City employee. If the subpoena is directed to the Custodian of Records and requests the production of City documents, the same procedure should be followed in responding to a deposition subpoena as is followed for responding to a subpoena duces tecum, except that, if no personal appearance by the Custodian of Records is necessary, responsive documents, if any, and/or the appropriate custodian Declaration should be mailed to the deposition officer as indicated in the deposition subpoena. City of Anaheim Administrative Regulation 145 Page (3) of (3) If the subpoena is directed at a City employee who is not a Custodian of Records and requests the production of City documents, those documents may not be taken by the City employee. Only the Custodian of Records may produce City documents. The subpoena must be personally served on the person named in the subpoena and, if the City is not a parry to the action, must be accompanied by the one hundred fifty ($150) dollars statutory witness fee made payable to the City of Anaheim. No other City employee may accept service for the person named in the subpoena. City employees shall not disclose home addresses, home or cellular telephone numbers or pager numbers of the employee named in the subpoena to the process server. The process server may be advised of the expected time of arrival of the employee named in the subpoena or the work address of the named employee. If the subpoena is improperly served, i.e., left on the counter or with a person other than the person named in the subpoena, the attorney who caused the subpoena to be served or the copy service should be contacted immediately and advised of the improper service. Subpoena to Appear at Trial or Other Court Proceeding_ As with the deposition subpoena, this subpoena must be personally served on the person named in the subpoena and, if the City is not a party to the action, must be accompanied by the $150.00 statutory fee. If the appearance of the employee is determined not to be necessary, the statutory fee must be returned to the subpoenaing party. If a City employee is served with an "On -Call" subpoena, the employee need not appear at the proceeding unless and until called by the subpoenaing party. If a City employee receiving a subpoena has any questions regarding the subpoena, including whether it was served properly or how to respond to the subpoena, contact the paralegal in the City Attorney's Office immediately. Responsibility: Attachments: Attachment A ATTACHMENT "A" Case Name: Case Number: Reference Number: DECLARATION OF CUSTODIAN OF RECORDS I, [insert name], declare and say: I am duly authorized as the Custodian of Record, or other qualified witness, with authority to certify records for the City of Anaheim [INSERT DEPARTMENT]. On [INSERT DATE], the City of Anaheim [INSERT DEPARTMENT], was served with a [INSERT TYPE OF SUBPOENA, e.g., CIVIL SUBPOENA, DEPOSITION SUBPOENA, or CRIMINAL SUBPOENA], issued out of [INSERT COURT], requesting copies of [RESTATE REQUEST]. [ ] The records transmitted with this declaration are true copies of all records described in the subpoena within our possession, custody and control. To the best of my knowledge, all of the records transmitted were prepared or compiled by personnel of the City of Anaheim [INSERT DEPARTMENT] in the ordinary course of business at or near the acts, conditions, or events recorded. Attached, hereto, is a list of the records transmitted. [ ] A thorough search of our files, carried out under my direction and control, revealed no records as described in the subpoena. To the best of my knowledge: [ ] no such records exist. [ ] any such records have been destroyed. I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. [INSERT DATE] [PRINT NAME]