Washington JU 11.0310 - Subpoena Duces Tecum
Definition and meaning
The Washington JU 11.0310 - Subpoena Duces Tecum is a legal document issued by a court that commands an individual or entity to produce documents, records, or evidence relevant to a legal proceeding. This type of subpoena is crucial in legal cases where certain information is necessary for a fair trial or investigation. The term 'Duces Tecum' translates to 'bring with you,' indicating that the recipient must present the required documents at a specified time and place.
Who should use this form
This form is primarily used by attorneys, legal representatives, or parties involved in legal cases within the Washington juvenile court system. Anyone who requires access to specific records or evidence related to juvenile matters—such as social workers, law enforcement officials, or parents involved in custody disputes—may find this form relevant. It is essential for individuals who need to subpoena documents or evidence to support their cases or provide necessary information to the court.
How to complete a form
Completing the Washington JU 11.0310 - Subpoena Duces Tecum is straightforward. Here are the steps:
- Fill in the title of the court and the case number at the top of the form.
- Provide the name and address of the person or entity that is being subpoenaed.
- Specify the date and time you require the individual to appear in court.
- Indicate the address of the court and the specific room or department where they should report.
- List the documents or types of records you are requesting the person to bring.
Once completed, the form must be signed and dated by the authorized individual, typically an attorney.
Key components of the form
The Washington JU 11.0310 - Subpoena Duces Tecum contains several critical elements:
- Case Information: Includes the court name, case number, and parties involved.
- Command to Appear: Details regarding the date, time, and location where the individual must appear.
- List of Documents: Description of the documents the recipient is instructed to bring.
- Consequences of Non-Compliance: A warning regarding the potential for contempt of court if the subpoena is ignored.
- Signature Block: Contains the signature of the issuing attorney or authorized representative.
Common mistakes to avoid when using this form
When utilizing the Washington JU 11.0310 - Subpoena Duces Tecum, be mindful of the following common errors:
- Incorrectly identifying the case information or parties involved, which may lead to confusion.
- Failing to provide a clear and specific list of documents to be produced.
- Not including the date, time, or location for appearance, which can invalidate the subpoena.
- Neglecting to sign the form, as this is necessary for its legal enforceability.
- Not ensuring that the subpoena is served to the correct recipient before the due date.
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FAQ
The name of the court where your case is filed. The title of the action. The case number. A command that a specific person appear at a stated date, time, and place to testify (or testify and provide documents)
Whether you've received a subpoena to appear as a witness or a subpoena duces tecum, it's never a good idea to simply ignore the subpoena. If you ignore a subpoena, a judge could hold you in criminal contempt and punish you accordingly.The judge can impose fines or order the person jailed for up to six months.
Subpoena: It is a summons from the courts or an attorney requiring a person to appear somewhere and do something.Subpoena Duces Tecum: A summons to appear somewhere and to bring something (take something) with you and to possibly give testimony too.
(a) Subpoenas and subpoenas duces tecum shall be issued by the agency or presiding officer at the request of a party, or by the attorney of record for a party, in accordance with Sections 1985 to 1985.4, inclusive, of the Code of Civil Procedure.
The name of the court where your case is filed. The title of the action. The case number. A command that a specific person appear at a stated date, time, and place to testify (or testify and provide documents)
A subpoena may be directed for service within their jurisdiction to the sheriff of any county or to any peace officer of any municipality in which the witness may be, or it may be served as provided in CRLJ 45(b), or it may be served by first-class mail, postage prepaid, sent to the witness' last known address.
Once a subpoena duces tecum is issued, the witness does not deliver the documents to the attorney that requested them. Rather, the documents and/or evidence are sent to the superior court judge presiding over the case. The judge then reviews them and decides if the defense or the prosecutor is entitled to them.
A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.
Ii. A Subpoena Duces Tecum (meaning 'subpoena for production of evidence') is a court order requiring the person subpoenaed to produce books, documents or other records under his or her control at a specified time/place in a court hearing or a deposition.