Subpoenas, Depositions, and Legal Process

What is a Subpoena or Notice of Deposition?

• A subpoena is a written order issued by a court, an officer of the court (this can be an attorney) or an administrative agency requiring a witness to testify at a trial or deposition.
• A subpoena duces tecum is a written order requiring a witness to testify and produce documents or records for use as evidence. Often, the subpoena duces tecum is accompanied by a letter providing the option of supplying certified copies of the original documents in lieu of appearing at a deposition.
• In the state of Washington, a subpoena or subpoena duces tecum accompanies a Notice of Deposition, which is written notice to all parties in a lawsuit that one party intends to take a deposition.
• A deposition is oral or written testimony given by a witness in advance of a trial or hearing.

These are time-sensitive documents, invested with the authority of the law, requiring action by the party to whom they are directed. Most often a date is given by which the action must be performed and there may be adverse consequences for failure to respond by the associated deadline. If you have received one of these documents, please email the Attorney General’s Office immediately at uwago@uw.edu or call (206) 543-4150. These documents should be responded to as quickly as possible.

I have received a subpoena that is directed to me personally. What should I do?

If the subpoena is directed to you because of the position you hold and the work you do for the University of Washington, contact the Attorney General’s Office immediately for assistance and advice.

If the subpoena is directed to you because of personal knowledge you may have regarding an incident or dispute that does not concern the University of Washington or your employment with the University, you must respond to the subpoena on your own or by seeking the advice of private legal counsel. The Attorney General’s Office is prevented by statute from providing legal advice for personal matters or to a member of the public.

I have received a subpoena from someplace outside of Washington. Do I still need to respond to it?

Please immediately email a copy of the subpoena and any accompanying documents to the Attorney General’s Office at uwago@uw.edu. In many cases, subpoenas issued by the courts of other states do not have jurisdictional authority over the University of Washington. The Attorney General’s Office will evaluate the subpoena and establish whether compliance is necessary.

I have a subpoena that was misdirected and only just now reached me. The deposition date has passed. Is that a problem?

Yes, that is a problem. Please immediately email a copy of the subpoena and any accompanying documents to the Attorney General’s Office at uwago@uw.edu. The University of Washington is subject to court sanctions or court orders compelling compliance with subpoenas. If you are contacted by the issuer of the subpoena, please refer that person to the Attorney General’s Office at (206) 543-4150.