The service of subpoenas on and court appearances made by
departmental personnel shall be in accordance with the guidelines
set forth by this directive.
Each element commander shall establish procedures to ensure
A. Subpoenas are properly served on departmental personnel
under his or her command;
B. The prosecuting attorney is properly notified when, for
reasons beyond the individual’s control, an employee is
unable to attend court at the time for which he or she
has been subpoenaed; and
C. Immediate notification is provided when an employee
determines that he or she will be unable to appear in
court at the time for which the employee has been
subpoenaed (e.g . , due to unexpected absence from Oahu,
disabling injury, or prolonged i l lness).
SUBPOENAS DIRECTED AT DEPARTMENTAL PERSONNEL
A. A subpoena may be served on a departmental employee by
an of f icer or by any civilian who is not a defendant
and is 18 or more years of age.
1. Departmental employees shall accept and comply
with all valid subpoenas, criminal and civil,
served on them.
Policy Number 7.12
Most subpoenas are issued by the clerk of the
court under the seal of the court. Each one
will state the name of the court and the
title, if any, of the proceeding. It will
command the person named therein to attend
and give testimony at the time and place
specified in the subpoena.
Specific instructions for handling subpoenas
duces tecum are found in Policy 5.02,
NOTIFICATION OF CRIMINAL PROCEEDING/ CIVIL
ACTION AND TRANSMITTAL OF LEGAL PAPERS.
2 . Civilians who wish to personally serve subpoenas
to on-duty personnel shall not be allowed to
compromise departmental security by entering areas
in which only employees are permitted.
B. In general, the Warrants Unit, Records and
Identification Division, is responsible for
distributing subpoenas to the appropriate elements.
1. The Warrants Unit shall distribute each subpoena
in accordance with the official element assignment
listed in the current alphabetical listing issued
by the Human Resources Division. When an employee
has been transferred or temporarily assigned
elsewhere, the employee ‘ s supervisor shall forward
the subpoena to the element to which the employee
has been reassigned.
2. EXCEPTION: When a “rush” subpoena (one with a
court date of three days or less from the date of
receipt) names an employee who is officially
assigned to a patrol command, the Warrants Unit
shall contact the district to determine the status
of the employee. The Warrants Unit shall then
forward the subpoena to the proper element for
service. The Department of the Prosecuting
Attorney may also fax a subpoena that requires
immediate action to the employee’s supervisor.
3. The employee’s supervisor is responsible for
serving the subpoena on the employee without
delay, regardless of the employee’s employment
status or planned activities. In the event that
the employee being subpoenaed is not on duty, the
supervisor shall attempt to have the subpoena
served at the employee’s home.
4. The original/facsimile copy of each Circuit,
District, or Fami l y Court subpoena served on a
departmental employee shall be signed by the
serving officer and endorsed on the front by the
5. When a subpoena cannot be served, the reason for
nonservice and the approximate date of the
employee’s return to duty shall be recorded on the
Justification of Non-Service, HPD-222A form, which
shall be completed by the employee’s supervisor.
The employee’s supervisor shall notify the
Department of the Prosecuting Attorney of his or
her inability to serve a subpoena. To ensure
timely notification, the Department of the
Prosecuting Attorney shall be notified as follows:
a. Under normal circumstances: at least five
working days prior to the scheduled trial
b. For a rush subpoena: as soon as it is
determined that the subpoena cannot be
C. When returning a served or unserved State of Hawaii
subpoena, the following procedures shall be followed:
1. The subpoena shall be
mail) directly to the
be accompanied by the
routed (by interdepartmental
Department of the
An unserved subpoena shall
2. EXCEPTION: All neighbor island, judiciary,
administrative driver’s license revocation, and
public defender’s subpoenas shall be sent to the
Warrants Unit. The Warrants Unit wil l return them
to the appropriate agencies.
D. Subpoenas from military courts shall be served on
departmental personnel directly through their elements.
Unserved subpoenas from military courts shall be
returned by elements directly to the military courts.
PROCEDURE FOR LOGGING SUBPOENAS FOR DEPARTMENTAL PERSONNEL
Element commanders shall ensure that subpoenas are properly
entered into the electronic subpoena log on the Honolulu
Police Department (HPD) intranet. No manual log books other
than the e l ectronic subpoena log shall be used.
A. The element serving the subpoena on the employee shall
scan the subpoena as a Portable Document Format (PDF )
Multiple subpoenas may be scanned and saved as one PDF
file, not to exceed ten scanned subpoenas per PDF file.
B. The name of the served employee along with other listed
information shall be entered into the electronic
subpoena log. The scanned subpoena shall then be
attached to the respective record as a PDF file.
If the PDF file containing mUltiple subpoenas is made,
this file should be attached to each of the respective
officers’ subpoena log entries.
C. Once the subpoena has been served, the record on the
subpoena log shall be updated to reflect that service
D. Transmitting a signed or rush subpoena shall be in
accordance with section II above of this policy.
PROCEDURES APPLICABLE TO ALL COURT APPEARANCES
A. An employee who wishes to review a case for which he or
she has been subpoenaed may peruse the original reports
on file in the Records and Identification Division.
Copies of the reports are also available through the
Department of the Prosecuting Attorney.
B. An employee subpoenaed to appear in court shall report
to the prosecuting attorney in charge of the case at
the time listed on the subpoena. This should allow
sufficient time for the employee to confer with the
prosecutor before the case is heard.
C. Officers shall remain in close proximity to the
courtroom so as to be immediately available for
trial or for any questions from the prosecutor.
It shall be the responsibility of the officer to
provide contact information to the prosecutor
should he or she need to leave the area.
D. Officers shall be dismissed by the prosecutor,
bailiff, or court sergeant or designee.
E. Officers shall appear in court in their standard
police uniform as specified in Policy 2.38, UNIFORMS,
EQUIPMENT, AND FIREARMS, or as noted below:
1. Male Plainclothes Officers
Male employees shall wear coats and ties with
dress slacks and dress shoes with socks in a
combination that is conservative in nature and has
a professional appearance.
2. Female Plainclothes Officers
Female employees shall wear dresses, suits, or
blouses and dress slacks/skirts with dress shoes
in a combination that is conservative in nature
and has a professional appearance. Muumuus are
F. Uniformed officers attending court in the
course of their normal scheduled work shift
shall appear in their standard police uniform
or standard uniform for solo motorcycle officers
as specified in Policy 2.38, UNIFORMS, EQUIPMENT,
AND FIREARMS, except in the cases listed below:
1. A uniformed officer who is on call for court may
appear in the utility uniform when it has been
authorized by his or her commander because of
2. The uniform shall not be worn when an officer 1S
appearing as a defendant.
3. The uniform shall not be worn when an officer is
present at a court proceedi ng in which a second
officer is a defendant and the first officer has
not been subpoenaed to appear as a witness.
4. When officers are not acting in their official
capacities but representing personal interests
(e.g., character witness testimony) in court, they
shall not wear any departmental uni form or present
themselves as departmental representatives without
prior wri tten approval from the Chief of Police.
5. A uniformed officer who is attending court during
hours that are not part of his or her normal
scheduled work shift may wear plainclothes attire
as provided by this directive.
E. Civilian personnel shall appear in court in attire that
is consistent with policy 3.22, DRESS AND GROOMING
G. Claiming of Mileage and Witness Fees
1. Employees attending any court or administrative
proceeding in their official capacity, on behalf
of the department, are not entitled to claim
2. Employees utilizing city-owned vehicles to attend
court are not entitled to claim mileage fees.
3 . Mileage incurred by officers utilizing
city-subsidized vehicles to attend court is
considered on-duty mileage. As such, they are not
entitled to claim mileage fees.
4. Employees claiming mileage fees shall complete any
required voucher or form provided by the paying
agency. If none is provided, they shall include
the following information on their subpoena prior
to requesting for payment:
a. Address or district from where the employee
reported to court;
b. Address or district to which the employee
will be directly reporting to after court;
c. Duty status and work schedule of the
d. Whether the employee is utilizing a
subsidized, nonsubsidized, or city-owned
e. Whether the employee must pick up and/or
return any evidence that was subpoenaed for
f . Signature and employee identification number
of the employee claiming court mileage fees;
g. Signature and employee identification number
of the court sergeant/officer.
5. The court sergeant/officer shall ensure that
employees who claim mileage fees for court
attendance include all required information and
sign the back of the subpoena. Refer to the
6. The court sergeant / officer shall submit all
processed copies of mileage fee claims provided by
the court to the appropriate commands.
SPECIAL PROCEDURES FOR HONOLULU DISTRICT COURT
The District 1 court sergeant / officer handles administrative
matters associated with the appearance of departmental
personnel at the Honolulu District Court.
A. Reporting to Court
1. Officers who are subpoenaed to the Honolulu
District Court, whether on or off duty, shall
report to the court sergeant/ officer when they
2. Officers shall report to the court sergeant/
officer no later than 0800 hours for morning court
and no later than 1300 hours for afternoon court.
3. Officers shall sign the court attendance log and
enter their arrival and departure times and the cases
for which they are present.
4. If an officer’s name is not on the subpoena log,
the court sergeant/officer shall enter the name
and the court information in the log.
B. Daily Discrepancy Log
1. The court sergeant/officer shall maintain the
daily discrepancy log.
2. The court sergeant/officer shall record in the log
all deviations from proper procedure (e.g.,
failure to report to court, reporting late, and
improper attire) .
3 . At the end of the day, the court sergeant/officer
shall forward the log to the District 1 commander’s office.
4. District 1 shall send copies of log entries to the
appropriate commands for administrative action.
C. Overtime Cards
1 . Officers shall submit their overtime cards to the
court sergeant/officer for time-stamping at the
beginning and end of the overtime period.
2. The court sergeant/ officer shall ensure that
officers complete their overtime cards properly
and shal l sign each card.
3. The court sergeant/ officer shall submit all
overtime cards to the appropriate commands.
D. Reporting Absences and Late Arrivals
1. When an officer will be absent from court or late
in arriving at court, the officer shall notify his
or her command. In turn, the command shall notify
the court sergeant/officer.
2. Whenever possible, notification to the court
sergeant / officer shall be made at least 30 minutes
before the officer’s scheduled court time.
3. When notified of an absence or a late arrival, the
court sergeant/ officer shall notify the court
bailiff and/or prosecuting attorney. Each
notification shall be logged in the daily
NOTIFICATION SYSTEM FOR COURT APPEARANCE
Annual vacation schedules shall be submitted by the elements
listed below to the I nformat i on Technology Division for
consolidation and transmittal to the Department of the
Prosecuting Attorney (see Policy 3.07, ANNUAL VACATIONS)
A. Central Receiving Division;
B. Communications Division;
C. Community Affairs Division;
D. Criminal Investigation Division;
E . Districts 1 through 8;
F. Narcotics/Vice Division;
G. Records and Identification Division;
H. Scientific Investigation Section;
I. Specialized Services Division;
J. Traffic Division; and
K. Training Division.
Each employee shall apprise his or her element commander of
any anticipated change in personal status that may interfere
with a court appearance so that the commander can ensure
that the proper notifications are made.
All scheduled leaves and suspensions shall be reported to
the court officer in each district patrol command. On the
basis of these schedules, the court officer will make the
proper referrals of personnel to the district courts and to
the Department of the Prosecuting Attorney.