D.C. Mun. Regs. tit. 6, r. 6-A2001

Current through Register 71, No. 45, November 7, 2024

Rule 6-A2001 - NOTIFICATION OF SUBPOENAS

2001.1

A person seeking to serve a subpoena upon a member of the Department in connection with a legal matter arising out of the performance of his or her official duties may request that the Department notify the member of the subpoena by transmitting via electronic mail the following documents to the Court Liaison Division:

(a) The subpoena; and

(b) Written certification from the party or his or her attorney (if the party is represented), upon whose behalf the subpoena is being served, that the subpoena arises out of a legal matter concerning the member's performance of his or her official duties.

2001.2

The written certification shall include the following:

(a) The name of the case;

(b) The case number;

(c) The name of the member listed on the subpoena;

(d) A statement that the subpoena arises out of the member's performance of his or her official duties; and

(e) The signature of the party or his or her attorney (if the party is represented) listed on the subpoena.

2001.3

If a written certification does not accompany a subpoena, the Court Liaison Division shall reject the subpoena and return the subpoena to the sender.

2001.4

For purposes of identifying the proper member, the subpoena must contain to the extent possible the full and correct name of the member, the Police District or unit to which the member is assigned, and the badge number of the member.

2001.5

If the member cannot be identified based upon the information provided in the subpoena, the Court Liaison Division shall reject the subpoena and return the subpoena to the sender.

2001.6

If the subpoena requires a member to appear or otherwise act in an expedited fashion (less than seven (7) calendar days), the attorney or party issuing the subpoena must include within his or her request:

(a) An explanation for the expedited request;

(b) Verification that the issuing attorney or party has contacted the member and the member has agreed to appear in response to the subpoena; and

(c) The signature of the party or his or her attorney (if the party is represented) issuing the subpoena.

2001.7

If a subpoena requiring a member to appear or act in less than seven (7) calendar days is not accompanied by the requisite explanation and verification from the issuing attorney or party, the Court Liaison Division shall reject the subpoena and return the subpoena to the sender.

2001.8

If all prerequisites are met, the Court Liaison Division shall generate a notification through the Computer Assisted Notification System (CANS) of the name and number of the case; the date, time, location, and nature of the event (hearing, deposition, or trial); the name and contact information of the issuing attorney or party; and other relevant information contained in the subpoena, and shall transmit the notification electronically to the member.

2001.9

Service of the subpoena notification shall be deemed complete when the member opens the electronic notice and acknowledges receipt of the notice.

2001.10

Any applicable witness fee and/or voucher shall be presented to the member by the subpoenaing party and/or his or her attorney when the member appears pursuant to the subpoena.

2001.11

A party or his or her attorney (if the party is represented) may contact the CANS coordinator of the Police District or organizational unit to which the member is assigned to ascertain whether a subpoena notification has been served upon a member.

D.C. Mun. Regs. tit. 6, r. 6-A2001

Source: Notice of Emergency and Proposed Rulemaking published at 58 DCR 5210, 5213 (June 17, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 8772, 8773 (October 14, 2011)

Notice of Final Rulemaking published at 58 DCR 8772 (October 14, 2011) repealed the pre-existing chapter 20 (Service of Process), which was created by final rulemaking on September 7, 2007, at 54 DCR 8816, and created a new chapter 20 (Service of Process).

Authority: The Chief of Police, pursuant to the authority set forth in § 101 of the Metropolitan Police Department Amendment Act of 2006 (the Act), effective March 6, 2007 (D.C. Law 16-223; 53 DCR 10221(December 29, 2006)).