Information Security Management and Compliance
Handling “Records Only” or “Appearance and Records” Subpoenas
- Reference: CSU Subpoena Handbook, Revised February 2007
- Issue Date: March 2007
- Revision Date: N/A
- Expiration Date: N/A
- Web Link: http://www.calstate.edu/gc/Docs/Subpoena_HB_with_Exhibits.doc
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Background
This document describes CSULB procedures for handling “Records Only” or “Appearance and Records” subpoenas to avoid the release of information in response to an invalid subpoena. The release of personal information in response to an invalid subpoena is a violation of the privacy of the person or persons whose personal information was released. The determination of whether or not a subpoena is valid is a complex endeavor which requires specialized knowledge. The University could face potential legal liability should it release information in response to a defective or otherwise invalid subpoena.
Information regarding “Appearance Only” subpoenas and additional information — Handling Service of Lawsuits and Subpoenas
Definitions
- Subpoena
- A subpoena is a legal document that directs the University or an employee of the University to attend at a specific time and place to testify as a witness, and/or to produce documents or other tangible objects in a legal proceeding. CSULB must comply with all valid subpoenas.
- "Records Only" Subpoena
- A " records only" subpoena requires only the production of documents, and not a witness
- "Appearance and Records" Subpoena
- An " appearance and records" subpoena requires both the personal attendance of a witness and the production of documents.
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Procedures
Process servers attempting to serve a “Records Only” or “Appearance and Records” subpoena should be directed to the appropriate University Records Custodians. Only these individuals/positions are authorized to accept, respond to, or release University records or information.
- Student Records and Information
Director of Judicial Affairs
Office of the Vice President for Student Services, BH 377 - Faculty Personnel (includes librarians and coaches) Records and Information
Associate Vice President for Academic Personnel
Office of the Vice President for Academic Affairs, BH 303 - Staff Personnel Records and Information
Director, Staff Human Resources
Staff Human Resources, BH 335 - Non-Personnel Records and Records Covered by the California Public Records Act or in cases where it is not possible to determine the specific subject of a request
Assistant Vice President
Office of the Vice President for Administration and Finance, BH 320
- Student Records and Information