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. 1 D:\116102998.doc 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 2 D:\116102998.doc (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 3 D:\116102998.doc 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. 4 D:\116102998.doc 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: 5 D:\116102998.doc 6. Notice to Consumer or Employee: 7. Affidavit [of Custodian of Records]: 8. Subpoena/Federal Court: 6 D:\116102998.doc