This form is a motion requesting the court for an order to detain a material witness. This is an official form from the Washington Court System, which complies with all applicable laws and statutes. USLF amends and updates forms as is required by Washington statutes and law.
Washington JU 07.0330 - Motion and Declaration for Order to Detain Material Witness
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How to fill out Washington JU 07.0330 - Motion And Declaration For Order To Detain Material Witness?
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FAQ
A witness who possesses information going to some fact that affects the merits of the case. Generally, the information the material witness possesses has strong probative value and few, if any, other witnesses possess the same information.
The rule says that one witness is enough to convict, if the jury believes that witness. It's not a game of measuring how much there is, only whether the evidence itself is believed beyond a reasonable doubt. People have been convicted of crimes on the testimony of a single witness without any physical evidence.
A material witness (in American criminal law) is a person with information alleged to be material concerning a criminal proceeding.al-Kidd (2011), the detainee was never charged or called as a witness, and sued then-U.S. Attorney General John Ashcroft.
Whilst there is no legal requirement to give a witness statement to the police there is a moral duty on each of us to help the police with their enquiries. For many, the prospect of giving a statement and appearing in court is frightening for reasons such as fear of reprisals and nervousness about going to court.
Under the Fifth Amendment, you can refuse to testify to self-incriminating evidence.So, if you've been subpoenaed and do not want to testify, consult with a experienced criminal defense attorney to see if any of these privileges apply to you, or you could face jail time if you don't show up.
Can a Witness Refuse to Testify? No. While a defendant has a right to not take the stand, a witness does not. Once ordered to testify, refusing to do so may result in the witness being held in contempt of court.
The general rule is that anyone who is competent can be compelled (forced) by the court to give evidence in a criminal or civil case. You are considered to be a competent witness if you are capable of giving admissible or allowable evidence in court.
If a witness in a criminal case refuses to testify, he or she could be found in contempt of court (Penal Code 166 PC). Being found in contempt of court can result in jail time and/or a fine.But the victim/witness could still be held in contempt and fined per CCP1219.
A lay witness the most common type is a person who watched certain events and describes what they saw. An expert witness is a specialist someone who is educated in a certain area. A character witness is someone who knew the victim, the defendant, or other people involved in the case.