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ICSOP0024.03

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United States Department of Agriculture

Center for Veterinary Biologics

Standard Operating Policy/Procedure

Subpoena Procedures

Date: July 26, 2018

Number: ICSOP0024.03

Supersedes: ICSOP0024.02, June 27, 2011

Contact: Daniel C. Coyle, (515) 337-6178

Approvals:

/s/Steven A. Karli Date: 31Jul18

Steven A. Karli, Director

Inspection and Compliance

Center for Veterinary Biologics

United States Department of Agriculture

Animal and Plant Health Inspection Service

P. O. Box 844

Ames, IA 50010

INTERNAL USE ONLY

Mention of trademark or proprietary product does not constitute a guarantee or warranty of the product by USDA 

and does not imply its approval to the exclusion of other products that may be suitable.

Entered into CVB Quality Management System

by: /s/Linda S. Snavely 31Jul18 

 Linda S. Snavely Date

 Quality Management Program Assistant
Center for Veterinary Biologics ICSOP0024.03

Standard Operating Policy/Procedure Page 2 of 4

Subpoena Procedures

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Table of Contents

1. Purpose

2. Subpoenas

3. Process

4. Documentation Subpoenas

5. Summary of Revisions

 
Center for Veterinary Biologics ICSOP0024.03

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Subpoena Procedures

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1. Purpose

This document provides procedures and policies regarding subpoenas served upon Center for 

Veterinary Biologics-Inspection and Compliance (CVB-IC) personnel.

2. Subpoenas

Occasionally, IC personnel will be served with a subpoena by members of the public to provide 

testimony or records concerning a product or a firm. For information, the IC Director is 

considered the custodian of the records for CVB-IC. CVB personnel are considered to be expert 

witnesses on products, diseases or animals for the purpose of prosecution or defense cases 

brought against, or by APHIS. However, for litigation in which APHIS is not a party, CVB 

employees are not considered to be expert witnesses.

APHIS employees are encouraged to make all reasonable efforts to avoid appearances as expert 

witnesses in private litigation. Advance alertness to initial inquiries or "feelers" by litigants will 

often enable an employee to forestall a subpoena. This is intended to further the type of public 

service expected of APHIS employees by avoiding the appearance of favoring one litigant over 

another. We must remain impartial to both sides in litigation. In general, we are not required to 

provide records or testimony outside our local area, but often we agree to help where we can. 

CVB’s attorney in the Office of the General Counsel (OGC) will advise about the subpoena.

3. Process

3.1 Critical Control Point: Chain of command notification shall be used to notify the 

CVB Director by email tagged with “High Importance”. The subpoena response deadline 

will be included in the email.

3.1.1 As soon as practicable, the subpoenaed employee will notify direct 

Supervisor. This email may include all chain of command, including the CVB 

Director.

3.1.2 A copy of the subpoena may be provided at a later time.

3.2 The subpoenaed employee will wait and respond as instructed.

3.2.1 If lack of Agency response places the employee in jeopardy of being held 

in contempt of court for non-response, then the employee may protect themselves 

accordingly, such as a motion to quash or modify a subpoena to seek more time.

3.3 The CVB Director will direct the response to the subpoena and Agency 

notifications in a timely manner, delegating as needed.
Center for Veterinary Biologics ICSOP0024.03

Standard Operating Policy/Procedure Page 4 of 4

Subpoena Procedures

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4. Documentation Subpoenas

Prior to processing and providing any documentation, consultation should be made with APHIS 

Legislative and Public Affairs, Freedom of Information Unit. 

Since records often contain confidential business information, we want to be sure the 

licensee/permittee is aware that documents have been subpoenaed. This provides the 

licensee/permittee with the opportunity to get a protective order from the court. The person 

issuing the subpoena should make the contact with the licensee.

Since our files are working files, we do not provide originals. We will make a few copies at our 

expense; however, in the past we have asked the litigants to pay for large numbers of copies. 

Copies are made under direct supervision of IC Management at a local copier and the costs paid 

by the litigants. Receipts must be obtained and directed to IC Management.

5. Summary of Revisions

Version .03

 Rewrite process due to referenced Veterinary Services Memorandum No. 514 being 

archived.

Version .02

 The Contact information has been updated.