UC Santa Barbara Policy 7045
Policies
Issuing Unit: Administrative Services Date: September 1, 1978
SERVICE OF SUMMONS AND COMPLAINT
I. REFERENCES:
A. State of California, Code of Civil Procedure, Section 416.50.
B. General Counsel Cunningham's memorandum to President Hitch, et
al., dated July 10, 1970.
C. UCSB Policies Manual, Policy 7000, Acceptance of Subpoena Duces
Tecum for Personal Records.
II. POLICY:
A. On Behalf of The Regents:
Administration and faculty personnel are not authorized to
accept service of summons on behalf of The Regents. The proper
persons to be served on behalf of The Regents are the Secretary
of The Regents, the President of The Regents (the Governor),
and the Chairman of The Board of Regents.
B. Individual as an Employee of the University:
If an individual University employee is named as a defendant in
the lawsuit, he/she may accept service of summons on his/her
own behalf, but the employee should make it clear that he/she
cannot accept such service on behalf of The Regents. An
individual employee who accepts service on his/her own behalf,
in connection with employment by the University, should
immediately notify his/ her supervisor, who should then notify
the appropriate Vice Chancellor. The Vice Chancellor will
notify the General Counsel's office in order to insure that the
employee's interests are fully protected. If the employee is
unavailable, the summons may be left with a person "apparently
in charge" of the department or place of business where the
intended recipient works.
C. Individual in Legal Actions Unrelated to the University:
With respect to service of summons and complaint upon
University employees involved in legal actions unrelated to the
University, as one alternative to personal service, a copy of
the summons and complaint against the employee may be left with
a person "apparently in charge" of the department or place of
business where the intended recipient works if the person to be
served is not available (Code of Civil Procedure, Section
415.20(b)). The person who is actually given the summons must
be informed of the contents of the summons by the process
server, and a copy of the summons and complaint must be mailed
to the recipient at his/her business address by the process
server.
The summons should be accepted by the person in charge for only
those under his/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 his/her
return.
If the person does not work at the particular location (i.e.,
department or place of business, the process server must be so
informed. If the process server insists upon leaving the
summons in that incorrect location, 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.
Please direct questions about these policies to Meta.Clow@vcadmin.ucsb.edu. For questions or comments regarding the format of the above information, please contact webcontact@ucsbuxa.ucsb.edu.
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Last Modified By: EBH, 7/09/98