Am I legally required to testify against my adult daughter for hitting me?
Full Question:
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.