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7040 Handling Subpoena Duces Tecum for Personal Records UC Santa Barbara Policies Issuing Unit Administrative Services Page 1 of 3 Policy 7040 Date March 1 1978 HANDLING SUBPOENA DUCES TECUM FOR PERSONAL RECORDS I PURPOSE AND SCOPE This procedure describes the handling of subpoena duces tecum for personal University records for past or present University students or employees II REFERENCES A Code of Civil Procedure 1985 et seq and 2019 B General Counsel Cunningham s memorandum to All Chancellors dated February 22 1971 C UCSB Policies Manual Policy 7035 Acceptance of Subpoena Duces Tecum for Personel Records III PROCEDURE A Acceptance of the Subpoena 1 The authority to accept subpoenas for UCSB student or employee records and the responsibility for the release of these records in accordance with such subpoenas are outlined in Policy 7035 The deputy serving the subpoena should be directed to the appropriate official 2 Before accepting the subpoena the designated official must a Ascertain that the individual about whom the information is wanted is or was a student or an employee b Ascertain that the subpoena is proper as to form If in doubt as to form consult with the Office of the General Counsel by transmitting the subpoena through the Office of University Relations Ascertain that the subpoena correctly and specifically identifies the desired records i e medical academic counseling financial disci plinary etc c d Ascertain whether the personal attendance of a custodian or other qualified witness is required e Request and receive the tender of one day s witness and mileage fees see paragraph D 1 below the personal attendance of a custodian or qualified witness is required http www policy ucsb edu records mngmnt 7040 handling subpoena html 9 17 2007 7040 Handling Subpoena Duces Tecum for Personal Records 3 B Page 2 of 3 Upon acceptance or prior to the acceptance if there is doubt concerning the validity of the subpoena the official designated to accept the subpoena



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