Collecting evidence (discovery)

General information

Evidence is used to prove your case. Discovery is the process of gathering information and evidence for your court case.

Civil Court Rules CR 26-37 for Superior Court and for District Court address how you collect evidence for court. The State Court has specific Rules of Evidence about how evidence is handled in court.

Some of the more common methods of gathering evidence include serving someone with a subpoena or a subpoena duces tecum to obtain their testimony or their records, taking depositions, and using interrogatories, requests for production, or requests for admission.

Some resources providing an overview of discovery are:

If you need to get a copy of a police report, the State Court has information about the procedures to follow to get the report.

Free eBook about representing yourself in court

 
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How to find the eBook about representing yourself in court

Chapter 5 pertains to discovery

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Subpoenas

Subpoenas are an order from a court telling someone to come to a deposition or come to court to offer their testimony. They can include directions to bring documents with them, in which case they are called a subpoena duces tecum. Subpoena requirements are discussed in Superior Court Civil Rule CR 45.

For additional information about subpoenas well as instruction and forms:

Depositions

Depositions are a method of having someone testify under oath so you can see what they have to say before they testify at trial. Opposing parties can be deposed which is helpful both to avoid surprises in court and to lock in their testimony as they risk being impeached with contradictory answers at the trial. Third parties can also be deposed, which includes people such as witnesses or experts. Oral deposition requirements are discussed in Superior Court Civil Rule CR 30. Recent changes to court rules about remote depositions are discussed in Washington High Court Announces Preference for Remote Depositions from Esquire Deposition Solutions.

A Deposition Notice can be used to require someone to testify at a deposition. A subpoena may also be necessary.

For additional information about depositions as well as instructions and forms:

Free eBook about depositions

 
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How to find the eBook about depositions

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Interrogatories and requests for production

Interrogatories and requests for production are often used together. Interrogatories are questions that ask the person responding to provide written answers. Requests for production are asking that the person produce the specified documents for you. These requirements are discussed in Superior Court Civil Rules CR 33 and CR 34.

For additional information about interrogatories as well as instructions, forms, and example documents:

Requests for admission

Requests for admission are a way to formally ask the other party to admit that certain facts are true. If the other party admits the fact, or fails to respond in time, those facts are deemed true for purposes of trial. This limits the number of things you need to prove at trial. Requests for admission requirements are discussed in Superior Court Civil Rule CR 36.

For additional information as well as instructions, forms, and examples: