Subpoenas & Summonses - Service of Process

As an employee at the University, you may encounter situations where a State Marshal or other process server asks you to accept service of a legal document during the course of your workday. These documents are known as: 1) a subpoena, and 2) a “summons and complaint.” Although similar in appearance, each type of document sets forth different requirements for the employee and/or the University. In any event, such documents will require very quick responses and will require immediate attention by the employee and the Attorney General’s office.

1. Subpoenas

A subpoena is a written order issued by a court, an attorney, or an administrative agency. A subpoena is not a lawsuit against the University or the employee. Instead, the subpoena generally requires attendance at a deposition, hearing or trial by a witness, and may include an order that documents or other materials accompany a witness. A careful reading of the subpoena will provide information regarding what court, attorney or agency issued the subpoena and what type of response is required. Unlike the filing of a lawsuit (see below), the Attorney General’s Office does not accept service of a subpoena, which must be directed to the specific person named in the subpoena.

Although a subpoena is not a lawsuit, any person to whom a subpoena is lawfully issued must comply with it, even if it requires you to act within a couple of days or interferes with your schedule. As a result, if you are served or receive a subpoena or a Court order (including a search warrant) in connection with your status as a State employee, the complete document should be immediately delivered or faxed to the Attorney General's Office, so that you can receive appropriate and timely direction. Typically a subpoena will state a time/location for you to appear and will often direct you to compile and bring documents. Therefore, it is crucial that you contact this office, as it may be necessary for this office to act quickly to file a motion or request a protective order on your behalf to protect against the inappropriate disclosure of confidential documents or information.

2. Summons and Complaint

This refers to the documents which initiate a lawsuit. Unlike a subpoena, as a University official or employee, you should not accept service of a “summons and complaint.” State law requires that a lawsuit against the University or a University employee must be served on the Attorney General’s Office in Hartford. Process servers, usually State Marshals, generally understand this.

The only exception to this rule about accepting service is if you are served with papers initiating a lawsuit that purports to be against you in your “individual” capacity growing out of your employment at the University of Connecticut.  In that situation, you can accept service of the lawsuit, but you must promptly get a copy of the papers to the Attorney General’s Office on campus.  At that point, our office will review the matter to determine whether it is appropriate for the Attorney General’s office to defend you in the lawsuit.