A Washington subpoena in a case under the Bankruptcy Code — B 256 is a legal tool used in bankruptcy proceedings in the state of Washington. It is issued by the court or a party involved in the case to obtain information or evidence from a person or entity relevant to the bankruptcy proceeding. A Washington subpoena may be used to compel the production of documents, records, or other tangible items. It can also require the attendance and testimony of witnesses at a deposition or trial. The purpose of these subpoenas is to gather evidence, uncover hidden assets, or obtain information about the debtor's financial affairs. There are different types of Washington subpoenas that may be utilized in bankruptcy cases, including: 1. Subpoena Ducks Cecum: This type of subpoena requires the production of specific documents or records. For example, a creditor may issue a subpoena duces tecum to a bank, asking for the debtor's financial statements or transactions. 2. Subpoena Ad Testificandum: This type of subpoena compels an individual to testify as a witness in a bankruptcy hearing or trial. For instance, a trustee may issue a subpoena ad testificandum to a former business partner of the debtor to provide testimony regarding undisclosed assets. 3. Subpoena for Examination: This type of subpoena is often used to conduct examinations under oath, commonly known as 2004 examinations. It allows the party issuing the subpoena to question the debtor or other individuals under oath regarding their financial affairs. These examinations aim to gather information related to the debtor's income, expenses, assets, and liabilities. 4. Subpoena to Produce Evidence: This type of subpoena requires the production of physical evidence, such as property, documents, or records. For instance, a bankruptcy trustee may issue a subpoena to a real estate agent to produce property-related documents relevant to the bankruptcy case. It is important to note that Washington subpoenas must comply with the relevant state laws and bankruptcy procedures. Failure to respond to a valid subpoena can result in contempt of court charges and other legal consequences. Additionally, parties receiving a Washington subpoena have the right to challenge or seek protection from the court if they believe the subpoena is overly burdensome or improper. In summary, a Washington subpoena in a case under the Bankruptcy Code — B 256 is a powerful legal tool used to gather evidence and information relevant to bankruptcy proceedings in Washington State. It can take various forms, including subpoenas duces tecum, ad testificandum, for examination, and to produce evidence. Compliance with subpoenas is essential, and parties receiving a subpoena should seek legal advice if they have any concerns or need to challenge its enforceability.
Washington Subpoena in a Case Under the Bankruptcy Code - B 256
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A subpoena is an order issued by the court. The subpoena usually requires you to appear at a certain place, date, and time to testify as a witness about a particular case. In a criminal case, you can be subpoenaed only to testify in court. In a civil case, you may be subpoenaed for out-of-court testimony as well.
A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. 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.
Subpoena is a command in the form of written process requiring a witness to come to court to testify. Subpoena ad Testificandum: A summons to appear somewhere and give testimony. Subpoena Duces Tecum: A summons to appear somewhere and to bring something (take something) with you and to possibly give testimony too.
Once you've completed and served the subpoena, you can expect the witness to appear at your trial or hearing with the evidence you requested.
(4) A subpoena may be issued by the court in which the action is pending under the seal of that court or by the clerk in response to a praecipe. An attorney of record of a party or other person authorized by statute may issue and sign a subpoena, subject to RCW 5.56.
There are two types of Subpoenas: A Subpoena requiring a witness to attend court is called a Witness Subpoena. ... A Subpoena requiring someone to bring documents only to Court (no testimony from that person is needed, only the documents are needed) is called a Subpoena for the Production of Documents.
In the state of Washington, a subpoena or subpoena duces tecum accompanies a Notice of Deposition, which is written notice to all parties in a lawsuit that one party intends to take a deposition. A deposition is oral or written testimony given by a witness in advance of a trial or hearing.
A subpoena duces tecum is a type of subpoena that requires the witness to produce a document or documents pertinent to a proceeding. From the Latin duces tecum, meaning "you shall bring with you". See, e.g., United States v. Nixon, 418 U.S. 683 (1974). See Category: Courts and Procedure.