32 Miss. Code. R. 21-3-3.5 - Subpoenas

If an employee of the Agency is subpoenaed for appearance in court, by law the employee must appear at the time and place indicated in the subpoena. Unless specific records are subpoenaed, no files or records should be taken into the courtroom. When a client is involved in litigation or in an administrative proceeding and a subpoena for the production of only the client's records is received by the Agency, the employee receiving it shall do as follows:

1. Contact their immediate supervisor for assistance; and,

2. The subpoenaed employee shall do the following:

a. If the subpoena is from the client's attorney, contact that attorney immediately and request written confirmation of his/her status as the client's attorney.

b. If the subpoena is from an attorney other than the client's, contact the client's attorney, if known, or the client, and request written consent to release the information, and release the information only after such consent is received.

c. If the subpoena is received and the consent has not been received by the due date of the subpoena, the employee shall appear before the court or administrative body and inform them of the requirements by law and regulations concerning confidentiality. The employee shall testify only upon order, or if the client consents, at the hearing.

d. If an employee receives a subpoena to testify in court or in an administrative hearing, the employee shall appear according to the terms of the subpoena, and shall testify if the client consents to such testimony. If no consent is given, the employee shall testify only under order and after informing the court or administrative body of the requirements of the law and regulations concerning confidentiality.

e. This section applies only to client records. The employee may testify without client consent about general information concerning the Agency, such as services available and eligibility criteria.

If an employee of the Agency is required to give sworn testimony, the employee should limit his/her remarks to professional aspects of the case with which the employee is familiar, and avoid unsubstantiated personal opinions. If travel expense is required in order to present testimony, travel costs are usually paid by the court or by one of the parties in the litigation. If no other reimbursement is provided, the employee may claim official reimbursement in keeping with Agency regulations.

Notes

32 Miss. Code. R. 21-3-3.5