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

[Kate Love]

Hi Dalynne,   yes you can conduct discovery under 11.96A.115, you just have no right to it.  The issue can be sufficient time to get or force discovery responses before the initial TEDRA hearing, there is a Washington federal case authority for it, I don’t have time to find it just now but email me separately and I will get it to you .  Commissioner Judson said that discovery under this section is “squishy” 😉.

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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