These guidelines have been established for receiving subpoenas at San José State University where SJSU is not a party to the proceeding. If SJSU is named as a party, the matter must be referred to the Office of General Counsel at the CSU Chancellor's Office.
A subpoena commands a person or entity to attend a hearing, trial or deposition at a particular time and place to testify as a witness and/or produce documents or other tangible objects in a legal proceeding. It is equivilant to a direct order from a court. SJSU must comply with all valid subpoenas.
An appearance subpoena requires the personal attendance of a witness. In most instances, a subpoena must be personally served on the witness required to appear. If the individual named in a subpoena is away from his or her work location when service is attempted, the process server should be advised to return at another time. Personal information about an employee will not be provided.
"Records Only" Subpoena
A records subpoena requires the production of documents. A subpoena for SJSU business records must be served on the "Custodian of Records." At SJSU, the custodian of all business records, for the purposes of this process, is Human Resources. This office will request documents subject to subpoena from departments as necessary, and will respond to the subpoena on behalf of SJSU. Process servers attempting to serve a subpoena or other orders of a court should be directed to this office which is located on the 3rd floor of the University Police Department Building.
One Washington Square
San Jose, CA 95192
This information is a guide for the appropriate response to process servers. Questions about individual situations should be directed to Human Resources at 408 924-2250.