1-1-2023 1 1480 Court Appearances

LINCOLN POLICE DEPARTMENT

GENERAL ORDERS

NUMBER: 1480

TOPIC: COURT APPEARANCES

ISSUED BY: TERESA EWINS, CHIEF OF POLICE

DATE: 1-1-2023

properly notified by the department, prosecuting attorney, or any other attorney. Employees will not,

however, testify at any proceeding which is not part of their official duties, or on behalf of the defendant in

any case, except in response to a subpoena.

II. PROCEDURE

A. Notification of Appearances

1. The Records Unit (court liaison) coordinates a system for notifying employees of court appearances.

a. When an employee is required to appear in court, the court liaison will direct an appearance

was not made or the employee is unavailable.

4. Notification of other legal proceedings and hearings before administrative bodies, such as the Liquor

Control Commission, Department of Motor Vehicles, Mental Health Board, etc., will be handled in the

same manner, insofar as practical.

B. Cancellations

1. When a trial is cancelled, the court liaison will attempt to notify the employee, and will email the

cancellation to the employee. If telephone or personal contact is unsuccessful, the information will be

given to the employee's unit manager, who will attempt to notify the employee.

their presence.

2. Employees will appear either in uniform or in the dress civilian attire authorized for wear in court as

specified in General Order 1450, “Personal Appearance Standards.”

3. Employees will familiarize themselves with the circumstances of the case prior to taking the witness

stand.

4. When employees receive two or more conflicting court notices, they shall notify the concerned

agencies (City Attorney's Office, County Attorney's Office, etc.) in order to resolve the conflict.

5. Whenever employees are unable to attend court due to sickness or emergency situation, they shall

notify the concerned agency or prosecutor in advance of the trial or appearance.

6. Employees going on vacation, or any other extended leave, shall notify the court by entering the

1480 Court Appearances 2 1-1-2023

2. Ordinarily, a subpoena can only be accepted by the person named therein. Employees shall not

accept a subpoena for another. When a subpoena is faxed or mailed to the department from

another jurisdiction, this document should be routed to a commanding officer, who shall

coordinate with the legal advisor to determine the appropriate compliance and response.

3. Employees shall notify their commanding officer or unit manager upon receiving any subpoena. If

the subpoena requires an appearance in court, the employee should also notify the court liaison,

so this appearance can be recorded by the Records Unit.

4. Upon receipt of any legal process, employees shall comply with all directives of that subpoena, to

include appearing in court, except providing records.

3. The person who must be subpoenaed in order to obtain department records and reports is the

Records Unit manager.

4. Items of evidence, tagged into the Property and Evidence Unit are not considered "records."

Employees may check out evidence tagged into property if the evidence is requested.

F. Depositions

1. No depositions shall be given unless directed by a subpoena.

2. When a subpoena is issued for a deposition, the employee shall comply with the request. If this

is connected with a criminal matter or pending court case, the prosecutor shall be contacted by

criminal cases shall not dispense information or allow themselves to be interviewed without

consent of the prosecutor or legal advisor.

1. State law prohibits employees from receiving a fee for appearing or testifying in relation to their

official duties. Any employee who receives a witness or subpoena fee for time spent in

responding to a subpoena or deposition involving their official duties shall turn the fee in to the

Payroll & Accounting administrative officer for disposition.

2. Employees required to appear while off duty in relation to their official duties may be eligible for