OREGON ELAW

  • 10.04 COURT MESSAGES / SUBPOENAS

    10.4.1 PURPOSE

    A. To provide guidelines concerning court related activities, to include scheduling, notification and verification of subpoenas and court availability.


      A. State statutes allow for service of criminal and civil case subpoenas to designated individuals in a police agency. The Gresham Police Department’s “designated individual” is the court coordinator. The court coordinator may accept subpoenas served in person, by mail or via the Portland Police Data System (PPDS). Subpoenas served in the aforementioned manner are legally served. Verification of appearance via PPDS/MDT still applies to served subpoenas. Members shall make every attempt to comply with the subpoena requirements or follow appropriate procedures to seek an excusable absence, or they may be held in contempt of court for non-appearance and/or be subject to Department discipline.

      B. The Records Section is the only unit authorized to respond to subpoenas for police reports. Members receiving subpoenas for reports will immediately forward the subpoena to the Records Manager.

      C. The Administration Division is the only unit authorized to respond to subpoenas for general orders, internal affairs information and other Department wide policy and procedure information. Members receiving subpoenas for this type of information will immediately forward the subpoena to the Administrative Supervisor.

      D. The court coordinator(s) cannot accept service of civil summons or civil complaints that are not employment related. Personal service is required for these subpoenas.

      10.4.3 SUBPOENAS: CRIMINAL AND TRAFFIC COURT

      A. Members shall treat subpoenas, summons and court appearance notices for criminal and traffic court as official notice and documentation mandating court appearance.

      B. These notices will generally be communicated via PPDS/MDT. However, there will be times when a subpoena may be personally served (i.e. short notice defense subpoenas). When such personal service takes place, members should forward the subpoena to the court coordinator.

      C. Sworn members must check their court schedule through PPDS/MDT, every working day. Most of the time members will not receive a hard copy subpoena; what is on the PPDS/MDT screen is the trial notification and schedule.

      D. After 1700 hours the day prior to a scheduled court appearance, members may verify the court appearance requirement through PPDS/MDT.

      1. Members who are not on duty may check for court appearance information by using the recorded message (503.618.2672) after 1700 hours.

      2. If the recorded message is not working, members may call the Records Section and ask that their PPDS record be accessed by the on duty Police Records Specialist. Police Records Specialists may confirm the status of court for the following day. They will also notify the court coordinator that the recorded message was not operational.

      E. Court unavailability requests





              5. Unavailability due to training or Department related travel will be coordinated by the Training Unit with the Court Coordinator (see section 10.4.5 below).

              6. Short notice of unavailability for court (thirty days or less), unless unavailability is due to being placed on administrative leave, an on-the-job injury, or a family emergency, requires a member to:

              a. Complete a Notification of Court Unavailability Request; and

              b. Notify the court coordinator by telephone; and

              c. Access PPDS, look up the extension of each subpoena clerk who has sent a subpoena for the time period of unavailability, call them and ask for a set-over. (The prefix to the DA’s office is 988 plus the last 4 numbers on the court schedule.)

              F. Illness: If an illness will impede court attendance, notify the court coordinator as soon as possible, during regular business hours. If not during regular business hours, contact Records Section personnel who will then prepare the required DAR, documenting the call-in and advise the court coordinator.

              G. Traffic Court: Members are responsible for initiating set-overs for traffic court. To request a set-over a member must complete a Court Unavailability Request and forward it to the court coordinator a minimum of 30 days in advance of the scheduled court date. Most traffic court cases can be subpoenaed as much as three months before the trial date. The earlier the set-over request is made, the greater the likelihood it will be granted. The court coordinator will document the set-over request in PPDS.



                  resulting from prior law enforcement employment as a police or corrections officer. The City is not required, nor will the City be obligated to pay any overtime, per diem, lodging, mileage or travel time for appearances in court resulting from prior employment with another law enforcement agency.

                    be allowed to do so, on duty time, if it falls within their normal work schedule. With a minimum of seven days notice, the member may request their work hours be adjusted to “Morning” shift hours for the expected duration of the court appearance. The notice shall be made to the member’s lieutenant or designee. If the notice is less than seven days from the date of the hearing, the City is not obligated to adjust the member’s hours of work. Travel to and from the hearing during work hours will count as hours worked.

                    C. The City agrees to provide the member’s normal salary in the event that an on-duty employee is subpoenaed as a witness, providing the witness fees are turned over to the City. Compensation is limited to actual time spent in court and travel time to and from court. The member shall return to duty if their shift has not been completed.

                    10.4.5 MEMBER’S SUPERVISORS RESPONSIBILITIES


                      1. Becomes disabled on the job.

                      2. Takes emergency leave.

                       3. Is placed on administrative leave (i.e. traumatic incidents, shooting, etc.).


                      10.4.6 ADMINISTRATIVE SUPERVISOR RESPONSIBILITIES


                        10.4.7 TRAINING OFFICER RESPONSIBILITIES

                        A. Upon receipt of an approved “Training Request” and/or “Out of State Travel Request” the training officer or designee will immediately notify the court coordinator, giving the member(s) name(s) and date(s) for which training has been approved. Provide the court coordinator with a complete listing of department scheduled training dates and participants at least 30 days prior to the scheduled training.




                        Craig Junginger
                         Chief of Police

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