Am I legally required to testify against my adult daughter for hitting me?
04/15/2009 - Criminal - State: WA #16025
Full Question:
I have been subpoenaed to testify for the prosecution against my adult daughter for hitting me. I do not want to do this and I will be out of state at the time of the trial. What can I do? My daughter was drunk and I just wanted her out of the house. I called the police and a DV was charged because she hit me with an open hand and shoved me when I was trying to prevent her from running out the door because she was very unstable on her feet and I felt she would fall. I do not want to testify against her, she has enough problems already. She is a late stage alcoholic, sober at this time, I believe. She would never do this if she was sober. I am returning home on the evening of the day of the trial. I do not want to notify the court at this point because I don't want them to change the date.
Answer:
A person who disobeys a subpoena can be santioned or jailed by the court. Protective orders may be issued to prevent a disclosure in a legal proceeding that would prejudice the rights of a party, or prevent the legal process from being used to harrass, embarrass, or cause someone undue burden or expense.
You may ask to have the subpoena modified or quashed if the information sought is protected by a privilege or the subpoena wasn't properly served. Court rules provide that the deposition of an unavailable witness may be used at trial by any party for any purpose against any other party, if the court concludes that:
1) The witness is deceased;
2) The witness is out of state;
3) The witness is unable to attend trial because of age or sickness; or
4) The attorney was unable to obtain the witness' attendance by subpoena.
I suggest contacting a local attorney who can review al lthe facts and documents involved. I also suggest talking with a member of Alanon.
The following is a WA statute:
RULE 6.13 TESTIMONY IN LIEU OF WITNESSES
(a) Deposition.
Upon a determination that the testimony of a witness is material, and that it appears probable that the witness will not voluntarily appear at the trial, the court may order the taking of his or her deposition. Pending the taking of the deposition the provisions of CrR 3.2 shall apply.
(b) Test Report by Expert.
(1) Certification Required. Subject to subsection (b)(3) of this rule, the official written report of an expert witness which contains the results of any test of a substance or object which are relevant to an issue in a trial shall be admitted in evidence without further proof or foundation as prima facie evidence of the facts stated in the report if the report bears or has attached a certification stating that the certifier has performed a test on the substance or object in question, the name of the person from whom the substance or object was received, the certificate is attached to a true and complete copy of the certifier's official report, the report was made by the certifier, and the qualifications of the certifier to make such tests. The certificate shall be signed by the certifier with the title of his office and his business address and telephone number.
(2) Form. The certificate shall be in substantially the following form:
The undersigned certifies under penalty of perjury that:
1. He performed a test on the (substance) (object) in question;
2. The person from whom he received the (substance) (object) in question is ________________;
3. The document on which this certificate appears or to which it is attached is a true and complete copy of my official report; and
4. Such document is a report of the results of a test which report and test were made by the undersigned who has the following qualifications and experience:
______________________________________________________________ ______________________________________________________________
__________________________________ Signature
__________________________________ Title
__________________________________ Business Address and Telephone
(3) Notice Requirements. The court shall exclude such report if:
(i) a copy of the report and certificate has not been served on the; defendant or the defendant's attorney at least 15 days prior to the trial date or, upon a showing of cause, such lesser time as the court deems proper; or
(ii) in the case of an unrepresented defendant, a copy of this rule in addition to a copy of the report and certificate has not been served on the defendant at least 15 days prior to the trial date or, upon a showing of cause, such lesser time as the court deems proper; or
(iii) at least 7 days prior to the trial date or, upon a showing of cause, such lesser time as the court deems proper, the defendant has served a written demand upon the prosecutor to produce the expert witness at the trial.
Please see the information at the following links:
http://definitions.uslegal.com/s/subpoena/ http://definitions.uslegal.com/s/subpoena-duces-tecum/ http://definitions.uslegal.com/q/quash/
Please see the forms at the following links:
http://www.uslegalforms.com/us/US-01851BG.htm http://www.uslegalforms.com/us/US-MOT-00912.htm
04/15/2009 - Category: Criminal - State: WA #16025
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