Stanford Health Care - Office of the General Counsel

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Revised March 4, 2011
LEGAL DOCUMENT ACCEPTANCE
SUMMONS & COMPLAINTS and SUBPOENAS
Stanford Hospital and Clinics / Lucile Packard Children’s Hospital
General Information:

Generally speaking, process servers attempting to serve a Summons & Complaint are
directed to the Office of the General Counsel, 3rd Floor, Building 170 at the main campus
of the University. Process servers attempting to serve a Subpoena are directed to
Hospital Risk Management at 1520 Page Mill Road, 1st Floor, Palo Alto, CA 94304. See
below for exceptions.

A Summons and Complaint (S&C) is the first notice to SHC/LPCH that it is a named
party in a court action. Strict time limits exist for responding to a validly served S&C.
Prompt handling is essential in order to protect the interests of SHC/LPCH (and
individually-named SHC/LPCH defendants, if any).

A Subpoena is a court order commanding a person to appear as a witness in a legal
proceeding and/or to produce documents/business records, or both. Subpoenas can be
issued by a clerk or deputy clerk of the court, or by an attorney of record in a pending
action. Only authorized individuals and/or departments may accept Subpoenas. Because
Subpoenas often have short time frames in which to respond, timely handling of them is
essential.

State and federal rules allow a S&C to a named individual/employee to be left at a
person’s place of business during regular working hours (must be followed up with a
mailed copy). This is commonly referred to as a substituted service as it substitutes for
personal service.

State and federal rules require personal service of Third Party Deposition Subpoenas.

Service will not be accepted on behalf of Stanford University Medical Center (SUMC)
since it is a geographic location and not a legal entity. However, service will be accepted
on behalf of SHC and LPCH even when the entity is incorrectly named as a defendant in
a particular lawsuit.

If Risk Management has any concerns or questions regarding a Subpoena, contact an
OGC lawyer.
SUMMONS and COMPLAINT (S&C):
Service of S&C naming Stanford Hospital and
Clinics, Lucile Packard Children’s Hospital,
School of Medicine, The Board of Trustees of
the Leland Stanford Junior University, or a
Only the Office of the General Counsel may
accept service of process of this S&C. Process
servers may call (650) 723-9611 for directions.
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member of the SHC, LPCH or University
Board of Directors or Trustees as a defendant:
A S&C addressed to SHC/LPCH should not be
accepted by SHC/LPCH personnel. If the
process server refuses to serve the Office of the
General Counsel, immediately contact
Elizabeth Roldan in the Risk Management
Office (650) 736-1172.
Service of S&C naming non-physician
Hospital employees, house staff or faculty/staff
physicians involving Hospital or patient care
matters:
OGC is not authorized to accept service on
behalf of an individual. In the case of nonphysician employees, OGC will attempt to
contact the named employee to obtain consent
to accept service of process on his/her behalf.
Without such consent, OGC will not accept
service and the process server must effect
service on the employee directly.
If the named defendant is a physician, the
Office of Risk Management will contact the
physician to obtain consent to accept service of
process on his/her behalf.
If the named defendant is a non-physician
employee and there is also a named physician
as well, the Office of Risk Management will
contact the physician and the non-physician
employee.
If an SHC/LPCH employee or physician
receives a S&C by mail or at home, and the
S&C concerns SHC/LPCH (rather than
personal) business, contact OGC immediately
at (650) 723-9611.
Service of S&C naming non-physician
Hospital employees, house staff or faculty/staff
physicians involving non-Hospital matters:
Service of process of this type of S&C should
not be accepted by anyone other than the
named employee. Advise the process server
that management is not authorized to receive
such documents and that SHC/LPCH prefers
that the server not disturb the employee at
work.
If the process server nonetheless leaves the
S&C, the department where it was left,
including OGC, should forward the S&C to
Risk Management (for house staff, residents or
faculty/staff physicians) or Human Resources
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(for non-physician staff) to send to the
employee with a cover letter explaining the
circumstances.
Service of S&C naming community
physicians:
Process servers should be advised to contact
the office of the named physician. Under no
circumstances should a legal document be
accepted on behalf of a community physician.
SUBPOENAS:
Service of Third Party Subpoena (e.g., X
Corporation v. Y Association) naming Hospital
employees, house staff or faculty/staff
physicians involving Hospital or patient care
matters:
Risk Management (for house staff, residents
and faculty/staff physicians) and Human
Resources (for non-physician Hospital staff)
will attempt to contact the named employee to
obtain consent to accept service of process on
his/her behalf; if consent is given, the
Subpoena will be forwarded to him/her.
Otherwise, Risk Management and/or Human
Resources will not accept service and the
process server must effect service on the
employee directly.
Example: deposition Subpoena of RN in a
medical malpractice case
If an SHC/LPCH employee or physician
receives a Subpoena by mail or at home, and
the Subpoena concerns SHC/LPCH (rather
than personal) business, contact.
Service of Third Party Subpoena naming nonphysician Hospital employees, house staff or
faculty/staff physicians involving a nonHospital matter:
Service of this type of Subpoena should not be
accepted by anyone other than the named
employee. Advise the process server that
management is not authorized to receive such
documents and that SHC/LPCH prefers that
the server not disturb the employee at work.
Service of Subpoena Duces Tecum requesting
medical records or other patient records:
Process servers should be directed to the
respective Release of Information/Medical
Records department for each hospital.
SHC: 450 Broadway, PAV-C Room C14,
Redwood City, 94063/ call (650) 723-5721
LPCH: 725 Welch Road, Room 0252, Ground
Floor, Palo Alto, CA 94304/ (650) 497-8079
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Service of Subpoena Duces Tecum requesting
billing records information:
Process servers should be directed to Patient
Financial Services, 2690 Hanover Street, Palo
Alto. Process servers may call (650) 498-7200
for directions.
Service of Subpoena Duces Tecum requesting
payroll or personnel records:
Subpoenas addressed to “The Custodian of
Employee Records” or requests for payroll or
personnel records should be referred to the
Human Resources Department, 1510 Page Mill
Road, Palo Alto. Process servers may call
(650) 723-6155 for directions.
NOTE: In order to be validly served, a
Subpoena requiring production of personal
information must have a Notice to Consumer
or Employee and a proof of service attached
thereto.
Service of Subpoena Duces Tecum requesting
business records:
Process servers should be directed to contact
Elizabeth Roldan in the Risk Management
Office (650) 736-1172 to accept service; Risk
Management will forward the Subpoena to the
appropriate department.
Service of Subpoena for “most knowledgeable
person” or “Custodian of Records”:
Process servers should be directed to Elizabeth
Roldan in the Risk Management Office (650)
736-1172; Risk Management will forward the
Subpoena to the appropriate department
Process servers should be advised to contact
the office of the named physician. Under no
circumstances should a legal document be
accepted on behalf of a community physician.
Service of Subpoena to depose a community
physician:
Service of Subpoena for an individual who is
not a current employee of SHC/LPCH:
Under no circumstances should a Subpoena be
accepted for an individual who is not currently
employed by SHC/LPCH. If the matter is
Hospital-related, Risk Management may
attempt to contact a former employee to obtain
consent to accept service on his/her behalf;
without such consent, Risk Management will
not accept service and the process server must
effect service on the former employee directly.
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Example Copies Attached in “Acrobat Document”:
1. Summons/State Court
2. Summons/Federal Court
3. Subpoena Duces Tecum/Personal Appearance
& Production of Documents/State Court
4. Deposition Subpoena/Personal Appearance/State Court
5. Deposition Subpoena/Production of Business Records
6. Notice to Consumer or Employee
7. Affidavit [of Custodian of Records]
8. Subpoena/Federal Court
1. Summons/State Court:
2. Summons/Federal Court:
3. Subpoena Duces Tecum/Personal Appearance & Production of Documents/State Court:
4. Deposition Subpoena/Personal Appearance/State Court:
5. Deposition Subpoena/Production of Business Records:
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6. Notice to Consumer or Employee:
7. Affidavit [of Custodian of Records]:
8. Subpoena/Federal Court:
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