A Washington Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action is a court-ordered command that requires an individual to be present in court for a hearing or trial. This type of subpoena is served by the court or a party's attorney to a witness or other person who is believed to have information relevant to a civil case. The subpoena requires the recipient to appear in court to give testimony or provide documents and other evidence related to the case. There are two types of Washington Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action: Subpoena Ducks Cecum and Subpoena Ad Testificandum. A Subpoena Ducks Cecum requires the recipient to bring certain documents or records relevant to the case to the court. A Subpoena Ad Testificandum requires the recipient to appear in court and give testimony regarding the case.
Washington Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action
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FAQ
If you do not serve your written response within 20 days (or 60 days if you are served outside of the State of Washington) after the date this summons was served on you, exclusive of the day of service, the court may enter an order of default against you, and after service and filing, the court may, without further
In order to defend against this lawsuit, you must respond to the complaint by stating your defense in writing, and by serving a copy upon the person signing this summons within 20 days after the service of this summons, excluding the day of service, or a default judgment may be entered against you without notice.
In Washington, the issuing party of a deposition subpoena must give the non-party deponent reasonable notice in writing at least five business days before the deposition.
(4) No summons is necessary for a counterclaim or cross claim for any person who previously has been made a party. Counterclaims and cross claims against an existing party may be served as provided in rule 5.
A subpoena is a court order that requires a party (or a witness who is not a party) to come to court to testify. It can also require the person to bring certain papers to the court hearing or trial.
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. See California Code of Civil Procedure Section 1985.
A witness subpoenaed to attend in a civil case is dismissed and excused from further attendance as soon as the witness has given testimony in chief and has been cross-examined thereon, unless either party moves in open court that the witness remain in attendance and the court so orders.
Subpoenas that are procedurally defective are usually invalid and professionals do not have to respond to them. Federal courts have limited reach across state lines and are limited in how far they can force a witness to travel to appear for testimony.
Washington statutes require an individual over 18 to serve the subpoena upon the witness by either reading the subpoena to the witness or delivering it to their usual place of abode. RCW 12.16. 020. Individuals properly served a subpoena cannot ignore it or refuse to comply without just cause.