Title: Washington Notice of Subpoena: A Comprehensive Overview and Types Introduction: In legal proceedings, a Washington Notice of Subpoena is a crucial document that plays a significant role in the discovery phase. It serves as a formal notice to individuals or organizations, compelling them to produce documents, testify, or provide evidence related to a pending legal case. This article aims to provide a detailed description of the Washington Notice of Subpoena, its purpose, and various types commonly used in Washington state. 1. Purpose of a Washington Notice of Subpoena: The primary objective of a Washington Notice of Subpoena is to ensure the availability of evidence required for litigation or investigation purposes. It informs the recipient about their legal obligation to comply with the request, enabling both parties involved to prepare adequately, present evidence, and move the legal process forward. 2. Common Types of Washington Notice of Subpoena: a. Subpoena Ducks Cecum: This type of subpoena compels the recipient to produce specific documents, records, or tangible evidence relevant to the case. It ensures the availability of important information required for the court proceedings. b. Subpoena Ad Testificandum: This type of subpoena requires the recipient's presence in court or at a deposition to provide testimony under oath. It ensures that necessary witnesses or individuals involved in a case are available to testify. c. Subpoena for Deposition: This type of subpoena is used to summon witnesses or individuals for a deposition, allowing their testimony to be recorded outside the courtroom. It enables parties to gather evidence and testimonies before trial, contributing to case preparation and strategy development. d. Subpoena to Produce Business Records: Specifically aimed at businesses or organizations, this type of subpoena requires the production and submission of specific records, such as financial statements, contracts, or correspondence, for examination during litigation or investigation. 3. Elements of a Washington Notice of Subpoena: a. Case details: A Washington Notice of Subpoena contains the case name, court details, and case number for proper identification and reference. b. Recipient information: It includes the name, address, and contact details of the recipient being subpoenaed. c. Requested action: The notice explicitly states the requested action, such as document production, testimony, or both. d. Compliance deadline: The timeframe within which the recipient must comply with the subpoena is specified, ensuring timely submission of the requested information. e. Party information: The notice identifies the party requesting the subpoena, often the plaintiff or their attorney, ensuring transparency and accountability. f. Consequences for non-compliance: Washington Notice of Subpoena should outline the potential consequences of failing to comply, such as contempt of court or other legal actions. Conclusion: Understanding the Washington Notice of Subpoena is essential for anyone involved or affected by legal proceedings in Washington state. It is a powerful instrument that aids in the acquisition of evidence, testimonies, and critical information needed to resolve a case. By familiarizing oneself with the different types of subpoenas and their specific roles, individuals can navigate the legal process more effectively and ensure their compliance with the law.
Washington Notice of Subpoena
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Each witness who shall appear under subpoena shall receive for his or her attendance four dollars per day and ten cents per mile traveled by the nearest practicable route in going to and returning from the place of hearing.
An attorney of record of a party or other person authorized by statute may issue and sign a subpoena, subject to RCW 5.56. 010. (b) Service.
They may object, however, up to the due date itself if they personally serve the objections on the party issuing the subpoena. Once they have served objections, the burden falls on the party that served the subpoena to file a motion to compel with the court.
In Washington, any individual over the age of 18 may serve a subpoena. However, when service is made by any person other than an officer authorized to serve process, that person must make proof of service by affidavit.
(1) The summons must be signed and dated by the plaintiff or the plaintiff's attorney, and directed to the defendant requiring the defendant to defend the action and to serve a copy of the defendant's appearance or defense on the person whose name is signed on the summons.
Such service shall be made no fewer than five days prior to service of the subpoena on the person named therein, unless the parties otherwise agree or the court otherwise orders for good cause shown.
Generally, under the rule, the responding party has three options: (1) serve written objections on the issuer of the subpoena; (2) file a motion for protection with the court; or (3) file a motion to quash the subpoena.
If you ignore or defy a subpoena, the court that demanded your presence can find you in contempt. A fine or jail time is possible. In the case of defying a Congressional subpoena, the committee that issued to subpoena votes to issue a contempt citation, and then the full chamber votes on it.
The median testimony hourly fee for medical expert witnesses is $500/hour. The median testimony hourly fee for non-medical expert witnesses is $275/hour. On average, expert witnesses who testify mostly for defendants command higher fees than expert witnesses who testify mostly for plaintiffs.
You can object to a subpoena by arguing that the: subpoena has not been issued correctly according to the law (technical grounds); subpoena is an abuse of process or oppressive (general objections); and. requested documents cannot be disclosed because of special rules that apply to the evidence (privilege).