Legal Question in Family Law in Washington

subpoenas

I live in British Columbia, Canada and work in Washington State. Under Washington State law can I be served a subpoena by an attorney faxing the subpoena to my home in BC? These are both a subpoena for records and a subpoena duces tecum.


Asked on 4/27/07, 4:35 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: subpoenas

You can be required to attend a deposition by a subpoena personally served on you at your residence requiring you to appear in your jurisdiction and testify there. Nobody can compel you to travel to a country where you do not live to do anything.

There is no such thing as service by fax, either.

The notice to provide records is similarly ineffective when faxed to you.

If you want to cooperate you can, but I do not believe, based on what you relate that you are under any obligation to respond in any manner.

Let the attorney who is faxing you stuff figure out what, exactly he has to do to make his requests enforceable.

Done properly, he could do it. But it is a lot of work - he has to request the court here to give him permission to ask the BC court to issue an order to you, and as he probably isn't licensed to appear in BC, he needs co-counsel up there to do the appearance for him.

You still haven't been personally served, either and where you work is not relevant.

Hope this helps you sort it out.

Elizabeth Powell

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Answered on 4/27/07, 8:25 pm


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