Department for Community Based Services

Standards of Practice Online Manual

11.24 Completing and Filing Subpoenas

Cabinet for Health and Family Services

Department for Community Based Services
Division of Protection and Permanency
Standards of Practice Online Manual
Chapter:
Chapter 11-CPS Court
Effective:
12/3/2010
Section:
11.24 Completing and Filing Subpoenas
Version:
1

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Legal Authority/Introduction

LEGAL AUTHORITY:

  • N/A

Procedure


When a subpoena is necessary, the SSW:

  1. Arranges for:
    1. The subpoena of witnesses as outlined in SOP 11.20 Emergency Custody Order (ECO) in preparation for the adjudication hearing; and
    2. Assistance in completing and filing subpoenas from the county attorney or the Office of Legal Services (OLS);
  2. Obtains the subpoena forms from the office of the court clerk and:
    1. Completes the subpoena form;
    2. Files the form in the court clerk’s office; and
    3. Delivers the form to the sheriff’s office for service.

Practice Guidance

  • The court ordering a party to attend the hearing issues a subpoena, which contains the following:
    • Name of the court and the title of the action;
    • Person to whom it is directed to attend and give testimony at a specified time/place, and it may also require the person to produce business records, papers, or other documents; or
    • Person to whom it is directed to only provide the presentation of records known as a subpoena duces tecum.
 

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