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.
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:
- A video about discovery and a video about evidence from the King County Law Library refer to local rules in King County, but the general information is valid in any county
- How to Force People to Give Information: Discovery from Genesis Law Firm
- Formal Discovery: Gathering Evidence for Your Lawsuit from Nolo.com
- The Discovery Process in Lawsuits from Justia
- 10 Steps for Presenting Evidence in Court, from the National Council of Juvenile and Family Court Judges. Appendix A can help you identify evidence that you may want to gather for your case.
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
How to find the eBook about representing yourself in court
Chapter 5 pertains to discovery
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:
- Subpoenaing Witnesses and Documents from Washington LawHelp
- How to Force People to Give Information: "Discovery" in part 2 of this article from Genesis Law Firm
- Drafting and Issuing Discovery Subpoenas: Washington from Practical Law
- 9 Things to Keep in Mind for a Family Law Trial from Navigate Law Group
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:
- Depositions in Civil Cases from Washington LawHelp
- How to Force People to Give Information: "Discovery" in part 3 of this article by Genesis Law Firm
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:
- How to use written questions and requests for documents in a family law case from Washington LawHelp
- Interrogatories and Requests for Production from Genesis Law Firm covers requesting and responding to a request in a family law case
- Pattern Interrogatories and Requests for Production written for family law cases in King County provide an example
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:
- What is a request for admission from Findlaw
- How to Force People to Give Information: "Discovery" in part 5 of this article from Genesis Law Firm