I.   SERVICE OF SUMMONS AND COMPLAINTS--UNIVERSITY OR STAFF MEMBER
     AS DEFENDANT

     When legal action is taken against the University and/or
     University staff in their capacity as employees, the plaintiff
     must officially serve a copy of the summons and the complaint
     upon the named defendants.

     University employees must not accept service of summons and
     complaints on behalf of the University or The Regents.  The
     Code of Civil Procedure specifies that the proper persons to
     be served on behalf of the Regents are the Secretary or
     General Counsel of The Regents, the President of The Regents
     (the Governor), and the Chairman of the Board of Regents. 
     Attorneys in the Office of the General Counsel, as officers of
     The Regents, also can accept service on behalf of The Regents. 
     Improper acceptance of service may result in considerable
     embarrassment and possible detriment to the University. 
     Service upon the Secretary of The Regents results in an
     efficient referral of the pleading to this office for
     appropriate action and thereby lessens the possibility of a
     default.

     When University employees are asked to accept service of
     summons on behalf of The Regents, they should immediately
     refer the sheriff or other process server to the Office of the
     General Counsel if there is any question as to why service
     cannot be accepted locally.

     If an individual University employee is also named as a
     defendant in the lawsuit, the employee may accept service of
     summons on his or her own behalf but should make it clear that
     this acceptance cannot be on behalf of The Regents.  Employees
     who accept service on their own behalf in connection with a
     suit against them by reason of employment by the University
     should notify the Office of the Controller & Business Services 
     Director immediately to ensure that their
     interests are fully protected.  The Controller will refer this
     matter to the Office of the General Counsel.

II.  SERVICE OF SUMMONS AND COMPLAINTS UNRELATED TO THE UNIVERSITY

     Service of summons and complaints upon University employees
     involved in legal actions unrelated to the University may be
     made directly to the individual or by leaving a copy of the
     summons and complaint with a person "apparently in charge" of
     the office or place of business where the intended recipient
     works.  

     When left with the person "apparently in charge," that person
     must be informed of the contents by the process server. 
     Thereafter, a copy of the summons and complaint must be mailed
     to the recipient's business address to complete the services. 
     A summons should be accepted by a supervisor or other person
     in charge only for those under his or her immediate
     supervision or for a co-worker at that geographic location,
     and the supervisor or co-worker should give the summons to the
     intended recipient upon that person's return.  If the person
     does not work at the particular location, the process server
     should be informed.  If the process server still insists upon
     leaving the summons, the University has no duty with respect
     to the summons.  If an employee does not have a permanent base
     of operation, then valid service cannot be made under this
     provision.

III.  APPEARANCE AS WITNESSES

     Cooperative Extension staff members are subject to involvement
     in lawsuits involving program-related disputes, and in many
     cases staff members are subpoenaed to provide records, to give
     depositions, or to appear as witnesses in court.  It is
     Division policy that Cooperative Extension staff refrain from
     volunteering to serve as witnesses in legal actions. 
     Cooperative Extension is a tax-supported organization and
     therefore should not take sides in civil suits.  Also,
     Extension work requires voluntary cooperation of clientele,
     and such voluntary cooperation would be jeopardized if
     Extension staff members acted as witnesses for one side in a
     lawsuit.  When called upon to give advice, staff should be
     alert to and avoid possible involvement in court cases.  The
     Office of the General Counsel can advise as to the nature of
     depositions, trials, and other legal proceedings.

     When giving testimony for a deposition or at a trial, the
     staff member should testify truthfully about the facts based
     upon personal knowledge.  The best practice is to listen
     carefully to the question asked and answer only that question. 
     There is no need to volunteer information not asked for unless
     it appears that the answer would be unclear without such
     additional information.  The staff memeber should never guess
     or give an answer that cannot be substantiated.

     A.   Subpoena

          The process by which the attendance of a witness is
          required is the subpoena.  It is a writ or order
          directed to a person and requiring his or her attendance
          at a particular time and place to testify as a witness.   
          It is the policy of the Division that subpoenas be
          accepted when served.

          It may require the person to provide any books,
          documents, or other things under the person's control. 
          Such a subpoena is called a subpoena duces tecum.

          When a subpoena is served for staff to appear to
          testify, it may be either as an expert witness or a 
          non-expert witness.  Policy for each situation is set forth
          below.

     B.   Expert Witness

          A Cooperative Extension Advisor or Specialist who is 
          not a party to the action and is served a subpoena to
          testify at a trial or to give a deposition primarily as
          to any expert opinion he or she holds on the basis of
          his or her special knowledge, skill, experience,
          training, or education, qualifies as an expert witness
          and is entitled to receive reasonable compensation for
          the entire time required to travel to and from the place
          where the court, or the taking of the deposition, is
          located and while required to remain at such place
          pursuant to the subpoena.

          When subpoenaed in an expert capacity, the Advisor or
          Specialist may choose to take vacation leave during the
          time required and seek compensation as an "expert
          witness."  The Advisor or Specialist should appear as
          required and after the testimony, request the court to
          fix the expert witness fees for his or her compensation. 
          In requesting the fees, the computation of daily
          consulting fees set forth in section APM-664 of the
          Academic Personnel Manual may be used as a guide 
          unless the individual has more relevant knowledge of
          prevailing rates.

          Staff members may appear only as impartial witnesses. 
          The staff member should make it clear that he or she is
          giving testimony as an individual and not as a
          representative of the University.  It should be
          understood that the testimony may be as helpful to the
          defendant as it is to the plaintiff.  Staff members may
          not volunteer to serve as an expert witness for a fee
          other than that specified above when served with a
          subpoena.  

          If the testimony of an Advisor or Specialist is only
          factual and does not require use of his or her
          expertise, such as expressing a professional opinion, it
          does not qualify the individual for compensation as an
          "expert witness."
 
     C.   Non-Expert Witness

          When served with a subpoena to appear at trial or for
          deposition or with a subpoena duces tecum, the person
          subpoenaed is entitled to witness fees for each day's
          actual attendance at trial or deposition of thirty-five
          dollars ($35) a day and mileage actually traveled, both
          ways, at twenty cents ($0.20) per mile.  (These are
          current rates and are subject to change.)  If the
          witness requests the appropriate payments of one day's
          fee and mileage at the time the subpoena is served and
          the server fails to pay the fee, the subpoena is not
          valid.  In criminal cases, the witness is not entitled
          to the fee until after appearing as a witness, and then
          only if the court so orders.  If served with a subpoena
          or subpoena duces tecum, County staff should immediately
          notify the County Director and specialists should notify
          the Statewide Special Program or Project Director.  When
          appearing as a non-expert witness, staff should not take
          leave.  The daily fee should be submitted to the
          Regional or Budget and Financial Office to reimburse the
          University for the staff member's time.  The mileage fee
          should be transmitted to the County or University or
          retained by the individual to reimburse the unit or
          person providing the transportation.

          When served with a subpoena to appear or provide
          records, either for deposition or trial, staff members
          are obliged to comply subject to the distance
          limitations set forth below.

     D.   Travel Limitations

          1.   Depositions

               The deposition of a non-party witness may take
               place at a place not more than 75 miles from his
               or her residence, or within the County where the
               action is pending so long as it is held within
               150 miles of the residence of the witness, unless
               the court orders otherwise.

          2.   Trial

               A non-party witness may be subpoenaed to appear
               at the trial anywhere in the State of California. 
               The witness is required to attend at the time
               appointed.

     E.   Release from Serving

          Should there be extenuating circumstances that would
          make it detrimental for the staff member to give a
          deposition or appear as a witness, the County Director
          or Statewide Special Program or Project Director should
          consult with the Office of the Assistant Vice President,
          which in turn will contact the General Counsel, if
          necessary, to determine if there is a means for seeking
          a continuance or release from the subpoena.

     F.   Out of State Service     
     
          Outside of California, staff members may serve as an
          expert witness for a fee provided it is on vacation time
          as approved by the appropriate administrator.
     
IV.  LAND CONDEMNATION CASES

     The following (Title 18, Section 283, United States Code)
     applies to situations where County staff are asked to testify
     on land condemnation cases in which the Federal Government  
     is involved:

          "Whoever, being an officer or employee of the United
          States or any department or agency thereof, or of the
          Senate or House of Representatives, acts as an agent or
          attorney for prosecuting any claim against the United
          States, or aids or assists in the prosecution or support
          of any such claim otherwise than in the proper discharge
          of his official duties, or receives any gratuity, or any
          share of or interest in any such claim in consideration
          of assistance in the prosecution of such claim, shall be
          fined not more than $10,000 or imprisoned not more than
          one year, or both.  

          "Federal land condemnation cases represent an activity
          of the United States within the meaning of the quoted
          law and testimony as to the value of land may be within
          the scope of aiding or assisting in a claim against the
          United States.
 
          "Since Extension employees are under cooperative
          appointment and serve as representatives of the U.S.
          Department of Agriculture, it would not be proper for
          these employees to aid or assist in a claim against the
          United States.

          "When employees are subpoenaed to testify in Federal
          land condemnation proceedings, they are required to do
          so.  In so far as the court will permit, they  should
          testify only as to  matters of fact.  As joint employees
          with responsibilities to the Federal and State
          Governments, they should not make soil surveys or
          otherwise attempt to prepare themselves better to
          represent specific land owners' interests after they
          know land is involved in Federal condemnation
          proceedings.  Subpoenaed employees should inform the
          U.S. Attorney handling the Government case of that fact
          and the nature of testimony they expect to receive."

                          --

January 1991