A subpoena to a particular named person rather than the University can only be accepted by that person. However, there are three important exceptions to this requirement:
- If the subpoenaed person is a peace officer, subpoenaed to testify about an event or transaction h/she witnessed or investigated as a peace officer, the subpoena may be served by delivering two (2) copies to the immediate superior or an agent designated to receive subpoenas, who must then deliver a copy to the peace officer (Gov. Code § 68097.1(a)).[1]
- If the subpoenaed person is a state employee, subpoenaed to testify about something s/he has gained expertise in during the course of his/her duties, a subpoena may be served by delivering two (2) copies to the employee’s immediate superior or an agent designated to receive subpoenas.[2] State employees who are being subpoenaed for their everyday, percipient knowledge must be personally served. For example, if a campus employee in Human Resources is subpoenaed to testify about specialized procedures for reporting, investigating, and resolving employment disputes, that employee may be served through his/her superior. However, if that same employee is subpoenaed to testify about a slip-and-fall accident that s/he witnessed on campus, s/he must be personally served.
- Not recommended, but a criminal subpoena may be served by mail if the person served is willing to acknowledge to the person who served the subpoena that s/he received the subpoena, and is willing to identify him/herself by date of birth, driver’s license number, or DMV identification card.[3] Again, it is not recommended that a person supply his/her personally identifiable information to third parties.
Aside from these exceptions, the law requires personal service of every subpoena. Service in less formal ways, such as by fax or mail, should not be accepted, as the parties in litigation have the right to expect UC Berkeley to follow legal formalities.
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[1] In criminal cases, the superior or agent may refuse to accept service if unable to deliver a copy to the peace officer in time to comply with the subpoena, or if service is made within five (5) days of the hearing and they are not reasonably certain they can deliver it to the peace officer. Pen.Code § 1328(a)(3)(d) and (e).
[2] Gov. Code § 68097.1(b).
[3] Pen.Code § 1328d.
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