Washington Motion And Declaration For Order To Detain Material Witness is a legal document used to request a court order to detain a potential witness in a criminal or civil case in the state of Washington. The motion must be accompanied by a sworn declaration from the prosecutor or attorney representing the party requesting the order. The motion and declaration must explain why the witness is essential to the case and why it is necessary to detain them in order to ensure that they will appear to testify in court. The motion must also include details about the witness, such as their name, age, occupation, and residence. There are two types of Washington Motion And Declaration For Order To Detain Material Witness: one for criminal cases and one for civil cases. The motion for criminal cases must include information about the crime the witness may have witnessed, and the motion for civil cases must include information about the civil case in which the witness is needed.
Washington Motion And Declaration For Order To Detain Material Witness
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Additionally, persons legally disqualified from testifying because of mental incapacity, personal interest, or conviction of a crime are not competent witnesses. A witness is generally presumed by the court to be competent.
A material witness shall be released unless the court determines that the testimony of such witness cannot be secured adequately by deposition and that further detention is necessary to prevent a failure of justice.
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. They testify with respect to their specialty area only.
For a will to be valid in Washington, it must be in writing and it must be signed in front of two witnesses who also sign the document in front of the person executing the will. RCW 11.12. 020.
To be a witness to a will, a person must be competent, must observe the testator signing the will, and must sign the will as a witness in the testator's presence and at the testator's request or direction. A minimum of two witnesses are required for any will to be valid.
Any person may be compelled to attend as a witness before any court of record, judge, commissioner, or referee, in any civil action or proceeding in this state. 2011 c 336 § 141; 1963 c 19 § 1; 1891 c 19 § 2; Code 1881 § 393; 1877 p 87 § 395; 1869 p 104 § 388; 1863 p 156 § 69; 1854 p 187 § 295; RRS § 1215.