Subpoena

[dontunderstand]

Soc,

Case is in WA.

We need to file a contempt and are going to have to do it without the help of an attorney.

Can we subpoena information (IE. therapist bill, landlord statements, etc.) without an attorney?

If so, how do we go about doing so?

Thank you!

[socrateaser]

>Soc,
>
>Case is in WA.
>
>We need to file a contempt and are going to have to do it
>without the help of an attorney.
>
>Can we subpoena information (IE. therapist bill, landlord
>statements, etc.) without an attorney?

Yes.
>
>If so, how do we go about doing so?

http://www.courts.wa.gov/forms/documents/JU11_031.DOC

and

http://www.courts.wa.gov/forms/documents/JU11_032.DOC

You will have to have the court clerk sign subpoena for you, because only attorneys can issue subpoenas without the clerk's authorization. Pro se litigants must get the court's stamp in order for the subpoena to be official. Then you must serve the subpoena on each witness along with the necessary witness and mileage fees, so as to bind them to the appearance, and the return of service must be filed with the court.

You must be VERY precise about the information that you wish to obtain. You can also tell the witness that if they have any questions that should contact you immediately.

If this weren't a contempt, I could give you some tips around having to subpoena, but being that it is contempt, you will have to play it exactly by the book.

[dontunderstand]

So just to subpoena information (not the person), we get the paper work (is it the same paperwork you linked?) and have it signed by the court clerk?

And then we have to have the appropriate party served (like a RO?) and they will send us the info?

Also for the information that we are not using for a contempt and still would like to get for the future, can you give us your tips???

Thank you for always being so helpful!!!

[socrateaser]

>So just to subpoena information (not the person), we get the
>paper work (is it the same paperwork you linked?) and have it
>signed by the court clerk?

Same paperwork I linked and yes, signed by the court clerk.

>And then we have to have the appropriate party served (like a
>RO?) and they will send us the info?

Yes, like an RO, and no, they won't send you the info. They will appear on the date of trial with the info, assuming that you issued the subpoena exactly as you are supposed to, which can be more difficult than you may realize.

If you want them to send you copies the info, before trial, you can request this in the subpoena, however, they are under no obligation to accomodate you. Generally, and here's one of the tips, if all you want are transactional receipts (i.e., invoices, bills, check copies, etc.), which are admissible to prove that the transaction took place, without authenticating under the business records exception to the hearsay rule, then you can write on the subpoena, "In lieu of your appearance at trial, you may send copies of the requested documents to:...", and thereby encourage them to send you copies and avoid having to waste a day.

But, if the material you seek is something where the document requires some explanation, such as a psychologist report that states the observations and opinions of the therapist, then you must have the author present to explain and be cross examined about the document's contents or the doc will be ruled inadmissible.

I cannot teach you evidence, in this forum. Ordinarily, people who seek a large number of document records, set a deposition for each witness and then try to get all of the preliminary authentication and admissibility issues out of the way before trial, such that only the most important witnesses' will be required to appear to make the case, and the other witnesses' testimony can be read into the record with their document evidence from the deposition record.

Anyway, I'm just scratching the surface. The only way that i could even discuss the parameters of what you need to do specifically, would be if you were to present your entire case to me here, with all of your evidence. Then I could tell you what you need to do for each piece of evidence or witness, and where you should be concentrating.

It's way out of scope, so don't ask, cause I don't have time.

If you want to make certain you're getting it right, you need to retain an attorney, if only to go over your trial plan.