302 - Filing Cases and Attending Court (2 of 2)

Question 1

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_____

Answer 1

the same rate provided for state employees

Question 2

Compensation for court appearances outside of Duval County: If overtime will be involved, the employee is to coordinate with the _____ prior to departure.

Answer 2

Court Liaison Office

Question 3

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.

Answer 3

division chief

Question 4

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.

Answer 4

five days

Question 5

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;

Answer 5

Civil Unit in Room 219 at the Police Memorial Building (PMB).

Question 6

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 _____

Answer 6

returned to the attorney;

Question 7

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 _____.

Answer 7

0830 and 1600

Civil Process Unit

Question 8

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;

Answer 8

shall not

Question 9

it shall be the responsibility of each _____, _____ or _____ to designate a person(s) for individual subpoena pick-up.

Answer 9

division, zone, or unit

Question 10

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 _____.

Answer 10

daily

twice daily

Question 11

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 _____.

Answer 11

Civil Unit (Except those subpoenas not issued by the Civil Unit).

Question 12

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.

Answer 12

Civil Unit

Question 13

Any officer receiving a Subpoena or Notice of Deposition from the SAO may return the document to where? how?

Answer 13

the SAO; by placing it in the SAO mailbox located in the first floor mailroom or contacting the appropriate attorney.

Question 14

Subpoenas and Notice of Depositions may be served _____, _____ or _____.

Answer 14

personally, through substitute service, or by mail

Question 15

aw enforcement officers who fail to appear after being served notice are subject to _____

Answer 15

contempt proceedings.

Question 16

In _____ and _____ cases, in lieu of appearing for a deposition an employee may be notified by Court Liaison to contact defense attorneys by telephone.

Answer 16

misdemeanor and traffic

Question 17

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?

Answer 17

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

Question 18

Scheduling of court related functions, (depositions, pre-trials, hearings, call-in subpoenas, etc.), (are/are not) considered overtime phone calls.

Answer 18

are not

Question 19

When will a phone call with an attorney qualify for overtime pay?

Answer 19

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.

Question 20

When will an employee refer an attorney to the Court Liaison office for the purpose of scheduling court functions?

Answer 20

Under no circumstances

Question 21

Employees are always encouraged to correspond with attorneys via _____.

Answer 21

email

Question 22

Regarding email correspondence with attorneys: employees are encouraged to courtesy copy these emails to their _____ and _____ that is prosecuting the case.

Answer 22

direct supervisor and to the ASA

Question 23

If an officer who has been subpoenaed by DHSMV is unable to appear for their hearing, they must notify who? how? when?

Answer 23

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.

Question 24

If an officer fails to appear at a DHSMV hearing and notice has not been provided by the end of the hearing, the DHSMV will close the hearing and _____.

Answer 24

immediately overturn the suspension