FAQs - Litigation
| Q: | What should I do if I receive a Notice of Garnishment? |
| A: | If a department receives a Summons of Garnishment from a court, all documentation should be forwarded to the Payroll Department. Emory considers the acceptance and settlement of debts to be a mark of personal financial responsibility and, therefore, expects each employee to prevent a Summons of Garnishment and other legal attachments to salary, such as child support, from being served on Emory. For this purpose, a garnishment is an order issued by a court attaching an employee¿s earnings to satisfy a debt incurred by the employee. Emory is required by state law to accept and process garnishments served by officials of the court. Copies should not be maintained in departmental files as Emory considers this information to be personal and confidential. |
| Q: | What do I do if a lawyer calls me and wants to talk about a case or give a deposition? |
| A: | Unless you have received prior approval, if Emory University, Emory Healthcare, or any of the Emory Healthcare facilities is a party or parties in the case, you should notify the Office of Risk and Insurance Servicesimmediately. All other requests from or communications with attorneys, legal representatives, or outside agencies should be reported to the Office of Risk and Insurance Services, the Office of the General Counsel or Human Resources for appropriate handling. In no event should any written or verbal reply be made to such requesting parties on behalf of any department without prior consultation with the Office of the General Counsel and Human Resources. |
| Q: | Who may accept service of process for Emory University, Emory Healthcare, or the Emory Clinic (i.e., What do I do if a sheriff arrives at my office and asks me to accept legal papers on behalf of Emory?)? |
| A: | The only authorized agents to accept service of legal process (such as a summons and complaint) for Emory University, Emory Healthcare, or the Emory Clinic are in the Office of the General Counsel. Accordingly, please direct the sheriff (or other process server) to the Office of General Counsel. No one else should accept service on behalf Emory University, Emory Healthcare, or the Emory Clinic. If you are being named individually in a lawsuit as a defendant or respondent you can accept service on your own behalf. If the lawsuit involves Emory University, Emory Healthcare, or the Emory Clinic in any way -- even if they were not named as defendants or respondents or if you were not served on their behalf -- please send a copy of the complaint and summons to the Office of the General Counsel immediately. |
| Q: | May I retain outside counsel for an Emory University or Emory Healthcare business matter? |
| A: | No. With few limited exceptions, only the Office of General Counsel is authorized to retain counsel on behalf of Emory University or Emory Healthcare. |
| Q: | What do I do I if have been sued? |
| A: | If you have been sued because of your work at Emory University, the Emory Clinic, or any Emory Healthcare facility, you should immediately contact the Office of Risk and Insurance Services or the Office of the General Counsel. If you have been being sued for non-work related matters, Emory cannot represent you or recommend a specific attorney, but please see the Legal Resources for organizations that may assist you in obtaining legal advice or assistance. |
| Q: | What do I do if I have received a subpoena to turn over documents (subpoena duces tecum) relating to Emory University or Emory Healthcare business? |
| A: | Except for subpoenas handled regularly by Human Resources, Payroll, and the Medical Records Departments (which should be referred directly to those departments), you should not turn over documents relating to the Emory University or Emory Healthcare without consulting first with the Office of the General Counsel. You should, however, ensure that no documents described in the subpoena are destroyed and are kept for possible production. |
| Q: | What do I do if I have been subpoenaed as a witness in connection with activities at Emory University or Emory Healthcare? |
| A: | If you have been subpoenaed as a witness in connection with activities at Emory University, the Emory Clinic, or at any Emory Healthcare facility, please contact the Office of the General Counsel. |