Legal Question in Civil Litigation in Washington

Copies of Discovery Mat'l to Party

I have an oral dep. pursuant to a subpoena duces tecum on 10/7 that is for production of records to me by the City of Seattle. Opposing counsel (''OC'') wants copies of everything I ask for copies of. My question is - The city attorney told me that he is going to do this for the OC, w/out the OC being at the dep. Does OC get everything I request copies of and if so does OC have to personally be there or can the City Attorney just give this stuff to him anyway?

Twist - The records being produced on Monday also were previously requested under a FOI request that hadn't been filled yet. The terms of my visit to the City are that the FOI request will be satisfied at the same time as the subpoena. Can I declare that certain docs are related to the FOI only and therefore not subject to the subpoena and therefore I don't have to agree with copies going to OC?


Asked on 10/05/02, 2:23 pm

1 Answer from Attorneys
Gary Preble Preble Law Firm, P.S.

Re: Copies of Discovery Mat'l to Party

Your discovery request gives you no ownership of the documents. Unless some privilege or other confidentiality attaches to the records or information, the City can do whatever it wants with the records.

Next time you write a question, avoid abbreviations.

You might have a claim for daily fines against the city under 42.17.340(4) http://www.leg.wa.gov/RCW/index.cfm?fuseaction=section§ion=42.17.340 for failure to provide the records in a timely manner.

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Answered on 10/05/02, 4:28 pm


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