- A generic term used in the law to refer to any legal device that compels the appearance of a person at a specific time and place, usually to give testimony in a judicial proceeding, or compels the production of certain documents or items of evidence. A subpoena that compels a person to appear and give testimony
is known as a subpoena ad testificandum
. A subpoena that compels the production of documents
or evidence is known as a subpoena duces tecum.
COMMAND LIAISON OFFICER - Every commanding officer/counterpart
within theDepartment is designated as the command liaison officer who is responsible for the full implementation of and compliance with this procedure. While commanding officers/counterparts
may delegate the tasks associated with this procedure to subordinates, they are responsible for their command’s compliance with this procedure.
SUBPOENA RECORD BOOK
- A permanent bound record book maintained by each command (including commands located within a precinct stationhouse,transit district, police service area, or other Department facility)
COMMAND SUBPOENA FILE
- A file in which photocopies of subpoenas andrequests for Department records by assistant district attorneys and assistant corporation counsels are filed chronologically, by year, pursuant to this procedure.
DOCUMENT PRODUCTION UNIT -
A sub-unit of the Legal Bureau charged withthe responsibility to ensure that all lawful requests for Department records by courts,prosecutors, government agencies, and private citizens are complied with in a timelyfashion. The Document Production Unit also processes all requests under theFreedom of Information Law that are received by the Department. The DocumentProduction Unit is located at One Police Plaza, Room 110-C, New York, NY 10038.
- NOTE:If a subpoena is received for a member of the service that also requires that the member concerned produce documents or evidence, other than an ACTIVITY LOG (PD112-145), and the subpoenahas not been marked as “SO ORDERED” by a judge, the member of the service concerned wil lcomply with the subpoena only in so far as it relates to making the required appearance.Department records or evidence will not be produced. If the subpoena is “so-ordered,” the named member will bring the required documents. Members receiving a subpoena ad testificandum that requires an appearance to give testimony atother than a trial proceeding are advised that they are not to answer any question without consulting with the assistant corporation counsel or assistant district attorney assigned to the case.If there is no assistant corporation counsel/assistant district attorney assigned to the particular case,or if the member of the service is unsure regarding such assignment, the Document Production Unitwill be consulted.