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Washington Motion And Declaration For Order To Detain Material Witness

State:
Washington
Control #:
WA-SKU-2669
Format:
Word
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Description

Motion And Declaration For Order To Detain Material Witness

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.

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FAQ

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.

More info

He must file a written motion requesting that he be deposed. Counsel for the detained witness can move the Court to order that, instead of detention, the deposition of the material witness be taken pursuant to Rule 15.D. On the motion of any party or a material witness who has been detained pursuant to subsection A of this section, the court may order the examination. If the court orders a material witness detained, the court must provide a written statement explaining the reasons for detention. State appeals district court order releasing material witness from detention pursuant to Iowa Code section 804. (i) Supervision of Detention Pending Trial. Constitutional obligation to ensure a fair trial and disclose material exculpatory and impeachment evidence. 136.525 Order when evidence is insufficient; acquittal. 136. 535 New trial; application of ORCP 64 F to motion in arrest of judgment. WITNESSES. (Generally). YOU ARE FURTHER COMMANDED to detain this witness until this court orders discharge from custody.

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Washington Motion And Declaration For Order To Detain Material Witness