Service of Subpoenas & Other Legal Documents

A subpoena is a legal document issued by a governmental agency or judge that, when valid, requires an individual to give testimony at a deposition, hearing, or trial, or to produce documents or other tangible things at a certain time and place. The recipient of a subpoena is legally required to comply with the subpoena, unless a court orders otherwise. 

A summons is a legal document that notifies an individual or entity that a lawsuit has commenced and that the individual or entity served must respond to the complaint within a set period of time. A complaint is a legal document that sets forth the claims(s) in a lawsuit and the relief being sought by the plaintiff (one who commences a lawsuit to obtain a remedy for an alleged injury to their rights). To initiate a lawsuit, a plaintiff must serve a summons and a complaint on the defendant(s) (the person or entity alleged to have harmed the plaintiff).

OGC is responsible for responding to subpoenas, summons, complaints, other legal papers, or requests for information from a law enforcement or other government agencies. Before responding to a subpoena, OGC will review it to determine whether it is valid and legally enforceable and, if not, take steps to inform the relevant parties.

If someone appears with a legal document addressed to Occidental College and attempts to serve you with it:

• Do not accept any documents. Employees are not authorized to accept service on behalf of Occidental unless specifically designated to do so.
• Direct the person to the Business Office. Only the Controller of the College is authorized to accept service of legal papers.
• If the person attempting service leaves a document for an employee other than the Controller, make a note of the date, time, and location of receipt, and immediately contact and deliver the document to the OGC.

If the subpoena or other legal document is addressed only to the individual receiving it (personally or by job title) and relates to their employment, then personal service is required and the individual can accept service.

If the subpoena or other legal document is addressed to an employee and Occidental College, the stakeholder may accept service only on their own behalf and must tell the person attempting service that they must separately serve Occidental through its registered agent.

If the subpoena or other legal document is addressed to someone else, do not accept service.

Failing to appropriately handle summons, complaints, or subpoenas could place Occidental and individual employees at risk or disadvantage in legal proceedings, such as being held in contempt of court. Do not ignore a subpoena or other legal document.  Always contact OGC if you receive something that resembles a subpoena or other legal document.

Employees who receive a subpoena, summons, complaint, or other legal papers addressed to them (personally or by job title) and relating to their work at Occidental should:

• Note the date and time of receipt and, if mailed, keep the envelope and any certified mail receipt.
• Deliver all the documents to OGC as soon as possible. Because there is usually only a short time frame to respond, prompt action is required.
• Keep the contents of the documents confidential.

Employees who are served with a subpoena addressed to them and concerning a non-College matter must seek the advice of private attorney at their own expense.