Flashcards in 302 - Filing Cases and Attending Court (2 of 2) Deck (24):
F.S.S. 92.141 provides that any employee of a law enforcement agency who appears as an official witness at any hearing or law action in any court in Florida as a direct result of his employment is entitled to per diem and traveling expenses at_____
the same rate provided for state employees
Compensation for court appearances outside of Duval County: If overtime will be involved, the employee is to coordinate with the _____ prior to departure.
Court Liaison Office
Compensation for court appearances outside of Duval County: The employee's zone commander or commanding officer shall request permission to deviate from the regulations outlined above from a _____ or higher authority.
Rule 3.220(h)(5) of the Florida Rules of Criminal Procedure provides that law enforcement officers shall appear for a deposition, without subpoena, upon written Notice of Taking Deposition delivered at the address of the law enforcement agency _____ prior to the date of the deposition.
Attorneys who have scheduled an officer's deposition should provide the Notice of Taking Deposition to the _____, At least five days prior to the date of the deposition;
Civil Unit in Room 219 at the Police Memorial Building (PMB).
Upon receipt of the Notice of Taking Deposition, the notice will be time stamped by the Civil Unit, and if the notice was not received, at least, five days prior to the date of the deposition, the notice will be _____
returned to the attorney;
Any person serving an employee of the JSO, to include Special Process Servers will report to the security desk with any Subpoenas or Notice of Depositions;
(1) Service at the JSO may be made Monday through Friday between the hours of _____ and _____.
(2) The on-duty security personnel will contact the appropriate unit and the server may make designated substitute service on the employee’s supervisor, secretary or unit representative.
(3) Service on Sheriff’s Office employees assigned to a substation will be made in the same manner at the designated substation.
(4) Substitute service is no longer required to be handled by the _____.
0830 and 1600
Civil Process Unit
It (shall/shall) not be the responsibility of the Civil Unit to contact individual units (via telephone or email) and inform them of subpoenas to be picked up;
it shall be the responsibility of each _____, _____ or _____ to designate a person(s) for individual subpoena pick-up.
division, zone, or unit
Those substations and units outside the PMB shall designate a _____ pick-up of subpoenas and those units assigned to PMB are encouraged to pick-up _____.
If the subpoena or notice of deposition needs to be returned because the officer/employee will not be able to legally appear; the subpoena will be returned to the plaintiff or plaintiff’s agent by the _____.
Civil Unit (Except those subpoenas not issued by the Civil Unit).
Any subpoenas picked up from the Civil Unit may be returned to the _____ with an explanation as to why the officer was unable to honor the subpoena.
Any officer receiving a Subpoena or Notice of Deposition from the SAO may return the document to where? how?
the SAO; by placing it in the SAO mailbox located in the first floor mailroom or contacting the appropriate attorney.
Subpoenas and Notice of Depositions may be served _____, _____ or _____.
personally, through substitute service, or by mail
aw enforcement officers who fail to appear after being served notice are subject to _____
In _____ and _____ cases, in lieu of appearing for a deposition an employee may be notified by Court Liaison to contact defense attorneys by telephone.
misdemeanor and traffic
regarding misdemeanor and traffic cases, in lieu of appearing for a deposition an employee may be notified by Court Liaison to contact defense attorneys by telephone. If the employee is uncomfortable with this, What will they do?
If the employee is not comfortable with discussing the case with the defense attorney without first contacting the ASA handling the case, then the employee shall contact the ASA; and then contact the defense attorney to discuss the case
Scheduling of court related functions, (depositions, pre-trials, hearings, call-in subpoenas, etc.), (are/are not) considered overtime phone calls.
When will a phone call with an attorney qualify for overtime pay?
when the intent of the conversation is to acquire statements from the employee that pertain specifically to the facts or information about a case and the phone call is intended to be in lieu of attending in person to ascertain the same facts or information.
When will an employee refer an attorney to the Court Liaison office for the purpose of scheduling court functions?
Under no circumstances
Employees are always encouraged to correspond with attorneys via _____.
Regarding email correspondence with attorneys: employees are encouraged to courtesy copy these emails to their _____ and _____ that is prosecuting the case.
direct supervisor and to the ASA
If an officer who has been subpoenaed by DHSMV is unable to appear for their hearing, they must notify who? how? when?
the local DHSMV office at: 7439 Wilson Blvd., in writing and prior to the hearing date. That notification can be made by email to JacksonvilleBAR@flhsmv.gov or phone (904) 777-2130.