Subpoena Duces Tecum
(pronounced suh-pee-na due-kiss tay-kum)
The fundamental difference between a subpoena and a subpoena duces tecum is that the latter requires the person being subpoenaed to present not only himself at the specified date, time, and location, but also to produce documents or other items as described. Most commonly these items are documents of one type or another but they might consist of almost any object imaginable or, more common today, computer records. In fact, it is quite often the case, if the documents or other items are supplied the person may not even need to appear at all.
In unusual circumstances the process server will be asked by his client to receive the documents or other items from the person served for delivery back to the client. There is some risk involved in doing so but it is not an undue risk. The server should weigh each situation as it presents itself in deciding to comply with this part of a service assignment. If the process server chooses to provide this extra service great care needs to be taken in handling the materials as there will be liability for any loss or damage.
The subpoena duces tecum is served in exactly the same manner as a subpoena.
Notice of Deposition Upon Oral Examination
This is usually seen as a stand alone document but at times can be found combined in the body of a subpoena or subpoena duces tecum. Once again the service is accomplished in the same manner as with a subpoena. That said, there is one very important difference. CR-30(b)(1) provides for a 5 court day (5 calendar days exclusive of the day of service, Saturdays, Sundays and court holidays) notice to the deponent (the person being served with the documents). Failure to give the 5 court day notice can subject the attorney issuing the subpoena to sanctions by the court. To say the least, a process server will have an extremely unhappy client should those sanctions be imposed based on the performance, or lack thereof, on the part of the process server.
CR-30 (in part)
| (b) | Notice of Examination: General Requirements; Special Notice; Nonstenographic Recording; Production of Documents and Things; Deposition of Organization; Video Tape Recording. | |
| (1) | A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing of not less than 5 days (exclusive of the day of service, Saturdays, Sundays and court holidays) to every other party to the action and to the deponent, if not a party or a managing agent of a party. Notice to a deponent who is not a party or a managing agent of a party may be given by mail or by any means reasonably likely to provide actual notice. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs. If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced as set forth in the subpoena shall be attached to or included in the notice. A party seeking to compel the attendance of a deponent who is not a party or a managing agent of a party must serve a subpoena on that deponent in accordance with rule 45. Failure to give 5 days notice to a deponent who is not a party or a managing agent of a party may be grounds for the imposition of sanctions in favor of the deponent, but shall not constitute grounds for quashing the subpoena. | |
Videotaped Depositions
In the event an attorney wants to videotape a deposition, the 5 court day notice is extended to 20 calendar days (weekends and holidays are counted). This extension is important to the process server because failure to meet the deadline may prevent the deposition from being videotaped.
CR-30 (in part)
| (8) | Videotaping of depositions. | |
| (A) | Any party may videotape the deposition of any party or witness without leave of court provided that written notice is served on all parties not less than 20 days before the deposition date, and specifically states that the deposition will be recorded on videotape. Failure to so state shall preclude the use of videotape equipment at the deposition, absent agreement of the parties or court order. | |
As with other documents related to the subpoena, a Notice of Videotaped Deposition is served in the manner of a subpoena. The governing rule is CR-45. See the article on the subpoena for additional information.
Computing Time
Given the importance of correctly computing time periods you may want to review the courses article on that subject. Click Here.
Service Instructions Summary
Present documents to:
| Who | When & Where | |
| 1. | The person named therein | Anytime Anywhere |
| 2. | A co-resident of the person named therein | Anytime at the usual place of abode of the person named therein* |
*Follow rules for service of a summons on a person.
NOTE: If target is an entity (not a person) then present to a managing agent of that entity.
NOTE: If target is a position (such as a records custodian) then present to a person who holds that position or an equivalent.
NOTE: Reasonable notice of not less than 5 court days is required.
This quiz is for logged in users only.
This is a rough diagram of a typical courtroom in the state of Washington. Courtrooms vary a great deal from city to city and county to county but they all have the same basic structure.
Â