A Washington Subpoena Ducks Cecum is a court order issued by a judge in the state of Washington that requires a person or entity to produce documents or other tangible evidence for use in a trial or other legal proceedings. The Latin phrase “duces tecum” translates to “bring with you” and refers to the fact that the individual or entity must bring the requested documents or evidence to court. There are two types of Washington Subpoena Ducks Cecum: a civil subpoena and a criminal subpoena. A civil subpoena is issued when a party in a civil case needs documents or other tangible evidence from another party for their case. A criminal subpoena is issued when a law enforcement agency needs evidence or documents from an individual or entity for their criminal investigation or prosecution.
Washington Subpoena Duces Tecum
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How to fill out Washington Subpoena Duces Tecum?
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FAQ
(b) Service. (1) A subpoena may be served by any suitable person over 18 years of age by giving the person named therein a copy thereof, or by leaving a copy at such person's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein.
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.
If a request, response, or objection is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the party making the request, response, or objection and a party shall not be obligated to take any action with respect to it until it is signed.
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.
The subpoena duces tecum is similar to the subpoena ad testificandum, which is a writ summoning a witness to testify orally. However, unlike the latter summons, the subpoena duces tecum instructs the witness to bring in hand books, papers, or evidence for the court.
Subpoena ad testificandum is a subpoena commanding the appearance of a witness to give testimony while subpoena duces tecum is a subpoena commanding the production of books, documents, and other things.
Unlike a subpoena ad testificandum, which demands one appear and provide testimony, a subpoena duces tecum demands one appear and provide something physical.
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.