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7-15 Receipt/Processing of Legal Documents 

Policy Type: Local

Responsible Office: Chief of Police, Virginia Commonwealth University Police Department

Initial Policy Approved: 6/27/2013

Current Revision Approved: 6/27/2013

 

General

The purpose of this directive is to establish the policy and procedures for the receipt and processing of all legal documents initiated by or brought against VCUPD personnel and claims against the department and/or university.

 

Accountability Statement

All employees are expected to fully comply with the guidelines and timelines set forth in this written directive. Failure to comply will result in appropriate corrective action. Responsibility rests with the division commander to ensure that any policy violations are investigated and appropriate training, counseling and/or disciplinary action is initiated.

 

Definitions

  1. LAWSUIT PAPERS – Any legal documents that initiate or relate to a pending legal proceeding against a VCUPD employee acting in such capacity or against the department or university.
  2. LEGAL DOCUMENTS – Any legal documents that require a subject to appear in court or for a deposition in a criminal or civil legal proceeding, such as summonses, warrants, witness subpoenas, subpoenas duces tecum, excluding the above-described lawsuit papers.

 

Procedures

  1. Receipt of legal documents:
    1. Dispatch shall accept service of legal documents issued for VCUPD employees. Legal documents for any non-VCUPD personnel shall be directed to the location where such personnel are assigned.
    2. Dispatch shall notify the appropriate VCUPD personnel that legal documents need to be picked up as soon as possible.
    3. The individual that initially receives the legal documents shall complete all of the following:
      1. Check each legal document for the court date
      2. Compare each legal document with the master sheet
      3. Sign and date/time the master sheet
      4. Give a copy of the master sheet to the bearer
      5. If there are any irregularities on the legal document, note them on the legal document and the master sheet and return them to the bearer
    4. For Subpoena Duces Tecum (SDT) ONLY:
      1. In addition to the above, the individual that first receives the SDT shall adhere to all of the following:
      2. Immediately notify the Records Manager of receipt
      3. Write the name and address of the person serving the SDT
      4. Write the date, time and location of service
      5. Write the name of the person receiving service
    5. Personnel may accept subpoenas in civil matters on behalf of another employee. Service is considered complete at the time of acceptance by the first employee.
    6. For purposes of measuring the time line for any legal documents that must be responded to within a certain time period, the time line begins to run and the paper is considered served when the first person in the police department accepts service.
    7. Supervisors are responsible for picking up legal documents on a daily basis and logging them into their appropriate ledger on the day of receipt. The responsible supervisor shall complete all of the following:
      1. Review all legal documents
      2. Place a check mark and the date by each name on the master sheet indicating acceptance of the legal document(s)
      3. Sign their name on the ledger in the appropriate space
    8. After the supervisor has received the legal document, they shall:
      1. Deliver the legal documents on a daily basis back to their unit
      2. Check the appearance date
      3. Enter the below listed information into the ledger book for each legal document:
        1. The employee’s name for whom the paper was issued
        2. The date and time of receipt
        3. The type of process (civil or criminal)
        4. The type of document (summons, subpoena)
        5. The name of the originating court
        6. The name of the Plaintiff and Defendant
        7. The supervisor’s name
        8. The supervisor’s date of assignment
        9. The type of service (personal)
        10. The date of service (or return date)
        11. The court docket number, if available
      4. Serve the legal document upon the subject employee at least two days prior to the scheduled appearance date.
      5. If the employee is presently on duty, but is scheduled to have the next few days off, the supervisor shall contact the employee and request that they pick up the legal document before going off duty.
      6. If the subject employee is off duty and will still be off duty past the appearance date, the supervisor shall:
        1. Attempt to contact the subject employee by phone or in person and inform them of the legal document.
        2. If unable to contact the subject employee, the responsible party shall pass this responsibility on to the relief supervisor until the subject employee is contacted or until two days prior to the scheduled appearance date. The date(s) and time(s) of the notification attempts shall be documented.
        3. If the subject employee has not been informed of the legal document by the day that falls two days prior to the scheduled appearance date, the supervisor or relief supervisor shall notify, by phone, the Clerk of the Court who issued the legal document that it was not appropriately served upon the subject employee and shall return it to that same Clerk with an explanation for non‐execution written on the legal document.
        4. Contact the VCU Office of University Counsel via telephone or email to notify them of the nature of the legal documents received.
    9. Receipt of lawsuit papers:
      1. Lawsuits Instituted against department employees as a result of official duties:
        1. In any legal action brought against a department member, service of process shall be directed to such officer or employee. Another employee shall not accept service of process, except as authorized by the individual to whom the service of process is directed. Service of process directed to any other university official or employee, on behalf of the university, shall be refused.
        2. Upon receipt of any court papers, relating to any lawsuit which arises out of or concerns the performance of official duties, employees shall immediately hand carry such papers to the Records Manager no later than the next business day following receipt. This shall include any follow‐up or support papers.
        3. Federal rules allow for service of process by mail in certain instances. If an employee receives mailed service of process, the employee shall contact the Records Manager before returning an acknowledgment of receipt of service.
        4. Before accepting service of any lawsuit papers, the employee shall do the following:
          1. Check the style of the case (i.e., xx v. yy) to see who is named as the defendant.
          2. If the only named defendant is the VCU Police Department or VCU, then DO NOT ACCEPT SERVICE. Direct the process server to VCU Office of University Counsel. (NOTE: The VCU Police Department is not the proper party to be sued. It should be VCU.)
          3. If the defendant(s) named is the Chief of Police or someone assigned to the Chief’s Office, call the Records Manager to accept service, if available.
          4. If the defendant named is another police employee, refuse service and direct the process server to the location of the employee OR call the employee and tell them they have lawsuit papers to be served on them.
      2. Lawsuits instituted against department members not as a result of official duties:
        1. In any legal action brought against an employee, service of process shall be directed to such employee. Another employee shall not accept service of process, except as authorized by the individual to whom the service of process is directed. Service of process directed to any other VCU official or employee, on behalf of VCU, shall be refused.
        2. Department personnel shall immediately, upon receipt of any lawsuit papers under this section submit a copy to the Records Manager. Follow‐up and support papers need not be forwarded unless requested.
        3. The VCU Office of University Counsel need not be notified in these cases unless so directed by the Records Manager.
        4. If a department member is sued personally and they believes that they are entitled to legal representation and expenses to be provided by the state, the officer or employee must submit a written request to the VCU Office of University Counsel in accordance with The Code of Virginia § 15.2‐1711 and must abide by all the terms and conditions set forth in that section.
        5. The employee shall also provide the Records Manager with a copy of the request.
        6. The Code of Virginia § 15.2‐1711 will only apply if a criminal investigation, arrest, indictment and/or other prosecution arises from the civil lawsuit.
          1. Upon service of any lawsuit papers, the employee accepting service shall write all of the following information in ink on the front of the papers served:
            1. Full name and address of the person serving the papers
            2. Time, date and place of the service
            3. Full name of the person receiving the service of process
      3. Lawsuits initiated by department members:
        1. A department member shall immediately notify the Records Manager and the VCU Office of University Counsel whenever they initiate legal proceedings against a party as a result of an act that occurred while the member was performing their official duties.
        2. A department member shall immediately notify the Records Manager whenever they files any lawsuit, as the result of any act not related to an official police action (i.e. personal lawsuits). The Records Manager shall notify the VCU Office of University Counsel in the event that any conflict arises.
      4. Cases in which the university is a party to a civil suit: When the university is a party to a civil case, such as an accident on state property, damage to state property, accidents involving state‐owned vehicles, etc., and an employee must appear as a witness, all of the following procedures will apply:
        1. A copy of the subpoena issued by the VCU Office of University Counsel will be forwarded to the department and to the respective employee(s).
        2. The employee(s) will sign beside their name indicating receipt and acknowledging the fact of their probable involvement as a witness in a civil case. The procedures for getting this document to the affected employee will be the same as outlined in the foregoing provisions of this policy and procedures.
        3. The VCU Office of University Counsel will attempt to advise the employee that it is likely they will be subpoenaed as witness(es) as far in advance as possible.
        4. The VCU Office of University Counsel has advised the Department that should the case be settled prior to court, their office will notify the affected employee(s).
      5. Dispatch will not accept legal documents or lawsuit papers from civilian process servers for personal civil suits. Process servers for personal civil suits shall be directed to the subject employee’s current assignment location. Employees shall not accept service of legal documents for personal civil suits on behalf of another employee unless the employee with whom the lawsuit and/or legal documents are issued so authorizes.
      6. Claims against VCU:
        1. An employee shall never accept a claim against the police department or the university.
        2. The employee shall advise the claimant that the proper procedure, under state law, for filing a claim is by filing it in writing with the VCU Office of University Counsel. The claimant can also be advised to call the VCU Office of University Counsel for information on the requirements of the written notice.
        3. VCUPD employees are advised that no employee is to make a statement, however trivial, concerning facts relating to any claim against the university. In all cases, the employee should respectfully advise any inquirer that all matters concerning claims must be discussed with the VCU Office of University Counsel.

 

Revision History

This policy supersedes the following archived policies:

None – New Policy