[WSBAPT] Probate discovery v. TEDRA discovery

[Doug Schafer]

      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.
[ 2006 c 360 § 11 
<https://lawfilesext.leg.wa.gov/biennium/2005-06/Pdf/Bills/Session 
Laws/Senate/6597-S.SL.pdf?cite=2006 c 360 § 11>.]

"all matters governed by this title" refers to Title 11, and that includes 
routine probate and trust cases.

Doug Schafer, in Tacoma


On 8/17/2023 11:05, Dalynne Singleton wrote:
>
> I have reviewed RCW 11 and 11.96A and I know and have done discovery in 
> TEDRA as discovery is allowed which encompasses subpoena powers, issuing 
> subpoena duces tecum, deposition, interrogatories, etc.
>
> BUT, in a probate cause – what discovery is allowed?
>
> In probate (not TEDRA), I have had occasion to issue a SDT to a bank and 
> send to all counsel/heirs to object under CR 45.If no objection, then I 
> issue the SDT and get bank records, usually to discover if JWROS, TOD 
> accounts, access to bank records of decedent, etc.I remember awhile back, 
> someone posted authority that they believed there is no discovery allowed 
> in probate w/o court order but can’t find that old post.
>
> Anyone have an opinion on this issue and how you approach needing records 
> in a probate cause?
>
> */Dalynne Singleton/*
>
> *Gourley Law Group*
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