WA · rules

Wash. Civ. R. Cts. Ltd. Juris. 45

Subpoena

activein force · 2024-07-09 – presentact-effective-date

(a) Form; Issuance.

(1) Every subpoena shall:

(A) state the name of the court from which it is issued;

(B) state the title of the action, the name of the court in which it is pending, and its case

number;

produce and permit inspection and copying of designated books, documents, or tangible things in

the possession, custody, or control of that person, or to permit inspection of premises, at a time

and place therein specified; and

(D) set forth the text of subsections (c) and (d) of this rule.

(2) A subpoena to appear at a deposition shall state the method for recording the testimony.

(3) A command to a person to produce evidence or to permit inspection may be joined with

a command to appear at trial or hearing or at deposition, or may be issued separately. A party

may be compelled to produce evidence at a deposition or permit inspection only in accordance

with rule 26.

(4) A subpoena may be issued by the court in which the action is pending in the name of

the State of Washington or by the clerk in response to a praecipe. An attorney of record of a

party or other person authorized by statute may issue and sign a subpoena, subject to

RCW 5.56.010.

(b) Service.

(1) A subpoena may be served by any suitable person over 18 years of age by giving the

person named therein a copy thereof, or by leaving a copy at such person’s dwelling house or

usual place of abode with some person of suitable age and discretion then residing therein.

When service is made by any person other than an officer authorized to serve process, proof of

service shall be made by affidavit.

(2) A subpoena commanding production of documents and things, or inspection of

premises, without a command to appear for deposition, hearing or trial, shall be served on each

party in the manner prescribed by rule 5(b). Such service shall be made no fewer than five days

prior to service of the subpoena on the person named therein, unless the parties otherwise agree

or the court otherwise orders for good cause shown. A motion for such an order may be made ex

parte.

(1) A party or an attorney responsible for the issuance and service of a subpoena shall take

reasonable steps to avoid imposing undue burden or expense on a person subject to that

subpoena. The court shall enforce this duty and impose upon the party or attorney in breach of

this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a

reasonable attorney’s fee.

(2)(A) A person commanded to produce and permit inspection and copying of designated

books, papers, documents or tangible things, or inspection of premises need not appear in person

at the place of production or inspection unless commanded to appear for deposition, hearing or

trial.

(B) Subject to subsection (d)(2) of this rule, a person commanded to produce and permit

inspection and copying may, within 14 days after service of the subpoena or before the time

specified for compliance if such time is less than 14 days after service, serve upon the party or

attorney designated in the subpoena written objection to inspection or copying of any or all of the

designated materials or of the premises. If objection is made, the party serving the subpoena

shall not be entitled to inspect and copy the materials or inspect the premises except pursuant to

an order of the court by which the subpoena was issued. If objection has been made, the party

serving the subpoena may, upon notice to the person commanded to produce and all other

parties, move at any time for an order to compel the production. Such an order to compel

production shall protect any person who is not a party or an officer of a party from significant

expense resulting from the inspection and copying commanded.

(3)(A) On timely motion, the court by which a subpoena was issued shall quash or modify

the subpoena if it:

(i) fails to allow reasonable time for compliance;

(ii) fails to comply with RCW 5.56.010 or subsection (e)(2) of this rule;

(iii) requires disclosure of privileged or other protected matter and no exception or waiver

applies; or

(iv) subjects a person to undue burden, provided that the court may condition denial of the

motion upon a requirement that the subpoenaing party advance the reasonable cost of producing

the books, papers, documents, or tangible things.

(B) If a subpoena

(i) requires disclosure of a trade secret or other confidential research, development, or

commercial information, or

(ii) requires disclosure of an unretained expert’s opinion or information not describing

specific events or occurrences in dispute and resulting from the expert’s study made not at the

request of any party, the court may, to protect a person subject to or affected by the subpoena,

quash or modify the subpoena or, if the party in whose behalf the subpoena is issued shows a

substantial need for the testimony or material that cannot be otherwise met without undue

hardship and assures that the person to whom the subpoena is addressed will be reasonably

compensated, the court may order appearance or production only upon specified conditions.

(d) Duties in Responding to Subpoena.

(1) A person responding to a subpoena to produce documents shall produce them as they

are kept in the usual course of business or shall organize and label them to correspond with the

categories in the demand.

(2)(A) When information subject to a subpoena is withheld on a claim that it is privileged

or subject to protection as trial preparation materials, the claim shall be made expressly and shall

be supported by a description of the nature of the documents, communications, or things not

produced that is sufficient to enable the demanding party to contest the claim.

(B) If information produced in response to a subpoena is subject to a claim of privilege or

of protection as trial-preparation material, the person making the claim may notify any party that

received the information of the claim and the basis for it. After being notified, a party must

promptly return, sequester, or destroy the specified information and any copies it has; must not

use or disclose the information until the claim is resolved; must take reasonable steps to retrieve

the information if the party disclosed it before being notified; and may promptly present the

information in camera to the court for a determination of the claim. The person responding to

the subpoena must preserve the information until the claim is resolved.

(e) Subpoena for Taking Deposition, Producing Documents, or Permitting Inspection.

(1) Witness Fees and Mileage. [Reserved. See RCW 2.40.020.]

(2) Place of Examination. A resident of the state may be required to appear for

examination, produce documents, or permit inspection only in the county where the person

resides or is employed or transacts business in person, or at such other convenient place as is

fixed by an order of the court. A nonresident of the state may be required to appear for

examination, produce documents, or permit inspection only in the county where the person is

served with a subpoena, or within 40 miles from the place of service, or at such other convenient

place as is fixed by an order of the court.

(3) Foreign Proceedings for Local Actions. When the place of examination, production, or

inspection is in another state, territory, or country, the party desiring to take the deposition,

obtain production, or conduct inspection may secure the issuance of a subpoena or equivalent

process in accordance with the laws of such state, territory, or country.

(4) Local Depositions for Foreign Actions. When any officer or person is authorized to

take depositions in this state by the law of another state, territory, or country, with or without a

commission, a subpoena to require appearance before such officer or person may be issued by

any court of this state for attendance at any place within its jurisdiction.

(f) Subpoena for Hearing or Trial.

(1) When Witnesses Must Appear—Fees and Allowances. [Reserved. See RCW 5.56.010.]

(2) When Excused. A witness subpoenaed to appear in a civil case is dismissed and

excused from further appearance as soon as the witness has given testimony in chief and has

been cross-examined thereon, unless either party moves in open court that the witness remain in

appearance and the court so orders. Witness fees will not be allowed any witness after the day

on which the witness’ testimony is given, except when the witness has in open court been

required to remain in further appearance, and when so required, the clerk shall note that fact.

(g) Contempt. Failure by any person without adequate excuse to obey a subpoena served

upon that person may be deemed a contempt of the court from which the subpoena issued. An

adequate cause for failure to obey exists when a subpoena purports to require a nonparty to

appear for a deposition, produce documents, or permit inspection at a place not within the limits

provided by subsection (e)(2).

(h) Form. A subpoena should be substantially in the form below.

State of Washington

[NAME OF COURT]

County of ________________________________

No. ____________________________

_________________________________ SUBPOENA IN A CIVIL CASE

_________________________________

TO:

[] YOU ARE COMMANDED to appear in the above captioned court at the place, date, and

time specified below to testify in the above case.

___________________________ ____________________________________

PLACE OF TESTIMONY COURTROOM

____________________________________

DATE AND TIME

[] YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at

the taking of a deposition in the above case.

Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall

designate one or more officers, directors, or managing agents, or other persons who consent to

testify on its behalf, and may set forth, for each person designated, the matters on which the

person will testify. CRLJ 26.

___________________________ ____________________________________

PLACE OF DEPOSITION DATE AND TIME

[] YOU ARE COMMANDED to produce and permit inspection and copying of the following

documents or tangible things at the place, date, and time specified below (list documents or

objects):

___________________________ ____________________________________

PLACE DATE AND TIME

[] YOU ARE COMMANDED to permit inspection of the following premises at the date and

time specified below.

___________________________ ____________________________________

PREMISES DATE AND TIME

____________________________________________________________________

ISSUING OFFICER'S NAME, ADDRESS AND PHONE NUMBER

_____________________________________________________________________________

PROOF OF SERVICE

DATE __________________ PLACE SERVED ________________________________

____________________________________________________________________

SERVED ON (PRINT NAME) MANNER OF SERVICE

____________________________________________________________________

SERVED BY (PRINT NAME) TITLE

_____________________________________________________________________________

DECLARATION OF SERVER

I declare under penalty of perjury under the laws of the State of Washington that the

foregoing information contained in the Proof of Service is true and correct.

Executed on __________________________________________________________________

DATE/PLACE SIGNATURE OF SERVER

_____________________________________

ADDRESS OF SERVER

CRLJ 45, Sections (c) & (d):