GENERAL ORDERS LINCOLN POLICE DEPARTMENT
SUBJECT: GENERAL OPERATIONS
TITLE: SUBPOENAS & COURT APPEARANCES
EFFECTIVE DATE: JUNE 1, 2025
REVISION DATE:
ACCREDITATION: ALABAMA ASSOCIATION OF CHIEFS OF POLICE (AACOP)
APPROVAL: CHIEF DARREN E. BRITTON
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SUBPOENAS & COURT APPEARANCES
325.1 PURPOSE AND SCOPE
This policy establishes the guidelines for department members who must appear in court. It will allow the Lincoln Police Department to cover any related work absences and keep the Department informed about relevant legal matters.
325.2 POLICY
Lincoln Police Department members will respond appropriately to all subpoenas and any other court-ordered appearances.
325.3 SUBPOENAS
Only department members authorized to receive a subpoena on behalf of this department or any of its members may do so.
325.3.1 SPECIAL NOTIFICATION REQUIREMENTS
Any member who is subpoenaed to testify, agrees to testify or provides information on behalf or at the request of any party other than the City Attorney or the prosecutor shall notify his/her immediate supervisor without delay regarding:
(a) Any civil case where the City or one of its members, as a result of his/her official capacity, is a party.
(b) Any civil case where any other city, county, state or federal unit of government or a member of any such unit of government, as a result of his/her official capacity, is a party.
(c) Any criminal proceeding where the member is called to testify or provide information on behalf of the defense.
(d) Any civil action stemming from the member’s on-duty activity or because of his/her association with the Lincoln Police Department.
(e) Any personnel or disciplinary matter when called to testify or to provide information by a government entity other than the Lincoln Police Department.
The supervisor will then notify the Chief of Police and the appropriate prosecuting attorney as may be indicated by the case. The Chief of Police should determine if additional legal support is necessary (Ala. Code § 12-21-3.1).
No member shall be retaliated against for testifying in any matter.
325.3.2 CIVIL SUBPOENA
The Department will compensate members who appear in their official capacities on civil matters arising out of their official duties, as directed by the current memorandum of understanding.
The Department should seek reimbursement for the member’s compensation through the civil attorney of record who subpoenaed the member.
Subpoenas and Court Appearances
325.3.3 OFF-DUTY RELATED SUBPOENAS
Members receiving valid subpoenas for off-duty actions not related to their employment or appointment will not be compensated for their appearance. Arrangements for time off shall be coordinated through their immediate supervisors.
325.4 FAILURE TO APPEAR
Any member who fails to comply with the terms of any properly served subpoena or court-ordered appearance may be subject to discipline. This includes properly served orders to appear that were issued by a state administrative agency.
325.5 STANDBY
To facilitate standby agreements, members are required to provide and maintain current information on their addresses and contact telephone numbers with the Department.
If a member on standby changes his/her location during the day, the member shall notify the designated department member of how he/she can be reached. Members are required to remain on standby until released by the court or the party that issued the subpoena.
325.6 COURTROOM PROTOCOL
When appearing in court, members shall:
(a) Be punctual and prepared to proceed immediately with the case for which they are scheduled to appear.
(b) While appearing in Municipal Court, wear the department Class A police uniform, or business dress.
(c) Dress in the department Class A police uniform or business attire while attending any Circuit Court or Federal Court trial.
(d) Observe all rules of the court in which they are appearing and remain alert to changes in the assigned courtroom where their matter is to be heard.
325.6.1 TESTIMONY
Before the date of testifying, the subpoenaed member shall request a copy of relevant reports and become familiar with the content in order to be prepared for court.
325.6.2 EVIDENCE
When a member is directed by a subpoena to appear in court with evidence, that member should:
(a) Notify the Forensic Unit promptly after receiving the subpoena that the specified evidence is needed for court, and verify that the evidence is readily available.
(b) Verify whether the evidence will be analyzed by the time of the court appearance, if applicable, and advise the prosecutor of any delay.
(c) Check with the prosecuting attorney on a timely basis if in doubt about what items or materials to bring to court.
(d) Notify the prosecuting attorney on a timely basis in the event that evidence has been lost, stolen or misplaced, or if previously undisclosed information about the evidence has become available.
(e) Comply with provisions of the Forensic Unit Policy regarding checking out the evidence and transferring custody of the evidence to the prosecutor or the court, whichever is appropriate.
325.7 OVERTIME APPEARANCES
When a member appears in court on his/her off-duty time, he/she will be compensated in accordance with the current memorandum of understanding.
These policies and operating procedures are not designed to cover every possible scenario or situation in society, but rather to define standard operating procedures for members of the Lincoln Police Department. These guidelines are subject to past, present and future judicial review. These guidelines can be amended and or repealed by the Chief of Police as necessary. The policies and procedures herein provided supersede all previous policies and orders.
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