Presentation on theme: "Subpoenas and Summons Michele M. Cerullo Assistant Attorney"— Presentation transcript:
1 Subpoenas and Summons Michele M. Cerullo Assistant Attorney University of South FloridaOffice of the General Counsel
2 Contact With Attorneys If you receive a telephone call from an attorney who does not work for USF or if you are unsure whether the attorney works for USF, you do NOT have to speak with the attorney. Refer the caller to the USF Office of the General Counsel at (813)
3 Served With Letters or Court Papers Court papers (subpoenas, summons, etc.) should be served at the Office of the General Counsel and will be forwarded to you from the OGC either by fax or to your USF Health account. Always refer process servers to 4202 E. Fowler Avenue, CGS 301 to serve court papers.HOWEVER, if you are personally served with any court papers or letters from a non-USF attorney, fax the papers on the day you receive them to (813) (USF Policy ). You may also contact the Office of the General Counsel at (813) and ask to speak with an attorney.Please check voice mail, mail and (USF Health) regularly. If you are out for more than a few days-make sure someone checks your mail and you turn on your “out of office assistant” on in your .
4 Sample Subpoena to Appear at Trial IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUITOF THE STATE OF FLORIDA IN AND FOR HILLSBOROUGH COUNTYCRIMINAL JUSTICE DIVISIONState of Florida CASE NO:VS DIVISION: D DEFENDANT SUBPOENADR. ALPHA SURGEON Patient:_______________________TAMPA GENERAL HOSPITAL Date of Birth:___________________1 DAVIS BLVDTAMPA, FL 33606By service of this subpoena, you are hereby commanded to appear for the purpose of giving truthful testimony in behalf of the STATE OF FLORIDA in a Jury Trial, wherein the STATE OF FLORIDA is plaintiff and the above named is defendant.You are called to appear for a period of time beginning at 8:00am., the week of the 16th day of July, 2011, before JUDGE ______________, in courtroom #23, Third Floor, of the HILLSBOROUGH COUNTY COURTHOUSE ANNEX, NORTH TOWER, 801 East Twiggs Street, Tampa, Florida.Pursuant to Section , Florida Statutes, this subpoena shall remain in full force and effect until disposition of the cause or until you are excused by the Court.*****IMPORTANT*****UPON RECEIPT OF THIS SUBPOENA AND PRIOR TO THE COURT DATE ABOVE, CONTACT THE WITNESS AID CENTER AT (813) , TO CONFIRM THE DATE AND RECEIVE NOTIFICATION OF ANY CHANGES, CONTINUANCES, OR SPECIAL INSTRUCTIONS.IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING A SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS JURY TRIAL SHOULD CONTACT , NOT LATER THAN SEVEN (7) DAYS PRIOR TO THE PROCEEDING OR VIA FLORIDA RELAY SERVICE FOR THE HEARING IMPAIRED AT (TDD-TTY).DATED, this 29th day of June, 2011.MARK A. OBER RETURN INFORMATIONSTATE ATTORNEY INDIVIDUAL SERVICE ON NAMED PERSON13TH JUDICIAL CIRCUIT SUBSTITUTE SERVICE BY SERVING:ASSISTANT STATE ATTORNEY NON-SERVICE FOR THE FOLLOWING REASON:FLA BAR* REASON:SCOTT HARMON/vlm DATE:DEPUTY SHERIFF-PROCESS SERVERFOR THE COURTSample Subpoena to Appear at Trial
5 Sample Subpoena for Deposition STATE OF FLORIDADIVISION OF ADMINISTRATIVE HEARINGSOFFICE OF THE JUDGE OF COMPENSATION CLAIMSST. PETERSBURGEMPLOYEE: CLAIM NUMBER: xxxxx-xxxxx-xx EMPLOYER/CARRIER: DATE OF ACCIDENT: 02/13/09SUBPOENA DUCES TECUM FOR DEPOSITIONTHE STATE OF FLORIDA:TO: Will Sueyou, M.D.USF / Department of NeurologyCollege of MedicineHealth & Sciences Bldg.12901 Bruce B. Downs Blvd., Room #2128Tampa, FL 33612YOU ARE HEREBY COMMANDED to appear before a person authorized by law to take depositions at: USF / Department of Neurology, College of Medicine, Health & Sciences Bldg., Bruce B. Downs Blvd., Room #2128, Tampa, FL on August 16,2011, at 2:00 p.m.,for the taking of your deposition in this action, and to have with you at that time and place the following:Copies of the entire medical file, including, but not limited to, any and all medical records, reports, x-rays, narratives, bills, et cetera, in your custody and control concerning any and all care, treatment and examination rendered to , SS#: , D.O.B:If you fail to appear, you may be in contempt of Court. You are subpoenaed to appear by the following attorneys and unless otherwise excused from this subpoena by these attorneys or the Court, you shall respond to this subpoena as directed.Herein fail not.A true copy.Sheriff Given under my hand and seal, at Clearwater, Florida, this I 4 day of June, 2010.Mr. Attorney, Esquire For the CourtSAM SNIDE, ESQUIRESnide, Snide & Snide, PCA.P.O. Box 5555Clearwater, FL 33766Fla. Bar #Attorney for Employer/CarrierSample Subpoena for Deposition
6 Subpoena Subpoena for Deposition: testimony under oath Duces Tecum: bring records with youWithout deposition: provide the recordsIf patient records are request, be aware of HIPAA and contact the OGCCall the attorney issuing the subpoena to coordinate a time, date and location for the depositionContact the OGC about an issues or questions that arise
7 AttendanceSubpoena for Trial: You must attend unless excused. You may face a motion for contempt of court if you choose to ignore the subpoena.Contact the Witness Center or issuer to schedule a date and time for your appearance at trial.Provide a contact number, including an after hours phone or pager number to minimize your inconvenience.Federal courthouse: must have id and no electronic devices.State courthouse: electronic devices are permitted.
8 Notice of Claim or Summons Summons is a legal notice indicating the beginning of a lawsuit.If you receive a Notice of Claim/Suit, a Summons, or are named personally as a defendant in a lawsuit, contact the Self Insurance Program (SIP)/ Risk Management or the Office of the General Counsel immediately ( ).
9 Sample Summons UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA SUMMONS IN A CIVIL ACTIONFORMER EMPLOYEE, Plaintiff, CASE NUMBER: v.THE FLORIDA BOARD OF EDUCATION,THE UNIVERSITY OF SOUTH FLORIDABOARD OF TRUSTEES, and THEUNIVERSITY OF SOUTH FLORIDA,Defendants.(Name and Address of Defendant) THE UNIVERSITY OF SOUTH FLORIDAc/o (name) , Assistant General CounselUniversity of South Florida4202 E. Fowler Avenue, CGS 301Tampa, FLYOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court and serve uponPLAINTIFF'S ATTORNEY (name and address) Anita LexusJag & Mercedes, P.A.1234 E. 7th Ave., Suite 1000P.O. BoxTampa, FL(813)an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint.SHERYL L LOESCH AUGDATE CLERKBY DEPUTY CLERKSample Summons
10 Most Importantly…..Contact the General Counsel’s office with any questions or concerns.(813)