[WSBAPT] Estate - discovery, interrogatories/rfp and deposition

[Eric Nelsen]

I have gotten authority to issue subpoenas duces tecum, just by filing a motion with ex parte (King County). I explained the need for the records in order to complete the probate and the court granted the motion. The standard in that statute is pretty low-just "good cause." Sorry I can't dig out the sample this afternoon; if I get time later I will. I've never asked for rogs, RFPs, or depositions; I kind of feel that, if I need that kind of investigation, I probably should just file a suit. But I do think the Court is willing to listen to good reasons for doing such things during a probate administration.

Just a reminder that if your facts fit, a PR also has authority for discovery in cases of fraud etc. under RCW 11.48.070<https://app.leg.wa.gov/RCW/default.aspx?cite=11.48&full=true#11.48.070> as well, via citation for discovery.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Monday, March 23, 2020 2:35 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Estate - discovery, interrogatories/rfp and deposition

Has anyone been able to conduct discovery in an estate w/o filing TEDRA?  It appears to be allowed under RCW 11.96A.115 - since estates are governed by RCW 11.96A and (2) below, for good cause shown...
If you have, any samples would be appreciated.

RCW 11.96A.115<http://app.leg.wa.gov/RCW/default.aspx?cite=11.96A.115>
Discovery.
In all matters governed by this title, discovery shall be permitted only in the following matters:
(1) A judicial proceeding that places one or more specific issues in controversy that has been commenced under RCW 11.96A.100<http://app.leg.wa.gov/RCW/default.aspx?cite=11.96A.100>, in which case discovery shall be conducted in accordance with the superior court civil rules and applicable local rules; or
(2) A matter in which the court orders that discovery be permitted on a showing of good cause, in which case discovery shall be conducted in accordance with the superior court civil rules and applicable local rules unless otherwise limited by the order of the court.


Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>

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