25-070 E-Subpoena Service and Requests for Continuance/Excusal
Department Notice
This document is not an official representation of the published policy. To access the official signed policy, please contact us at [email protected].
Subpoenas transmitted and acknowledged by email have the same force and effect as subpoenas personally served. Members shall accept service of subpoenas transmitted by email ( e-subpoenas) in accordance with Department email policy. Acknowledging receipt of an e-subpoena by electronic means is akin to accepting personal service.
San Francisco District Attorney (SFDA) E-Subpoenas: Confirm receipt by submitting the Law Enforcement Subpoena Check-In form linked in the email. If unable to appear in court, REPLY ALL and fill out the pre-formatted attestation. This attestation replaces paper forwarding of 506 forms unless served with only a paper subpoena. It is recommended that the Assistant District Attorney (ADA) be cc'd on the email, however, members may not always receive explicit excusal.
E-Subpoenas sent by the SFPD Court Liaison Unit: Confirm receipt by replying to the email. The Court Liaison Unit makes every effort to obtain excusal for conflicts reflected in HRMS at the time of subpoena delivery. If unable to appear in court for any other reason, separately email the subpoenaing attorney to request excusal/rescheduling and notify the Court Liaison Unit without delay. Under no circumstances can the ADA excuse a member's appearance for the defense.
Defense Subpoenas: Defense subpoenas served directly at a unit shall be accepted and served and a copy sent immediately to the Court Liaison Unit. The subpoena may be rejected only if the member will not return to work to accept service before the hearing ( 1328( d) PC). A defense memorandum is no longer required for routine criminal court subpoenas.
Mandatory Training: Absent unique circumstances, members are not to request continuance or excusal for local training. Subpoenas are court orders which generally take precedence. Instead, make the notification as above and coordinate directly with the subpoenaing attorney to limit missed training hours.
/s/
PAUL YEP
Interim Chief of Police
Per DN 23-152, all sworn & non-sworn members shall electronically acknowledge this Department document in PowerDMS within (30) thirty calendar days of issuance. Members whose duties are relevant to this document shall be held responsible for compliance. Any questions regarding this policy should be sent to [email protected] who will provide additional information.