WA · rules
Wash. Super. Ct. Crim. R. 4.10
Material Witness
(a) Warrant. On motion of the prosecuting attorney or the defendant, the court may issue
a warrant, subject to reasonable bail, for the arrest of a material witness. The warrant shall issue
only on a showing, by affidavit or on the record in open court, that the testimony of the witness is
material and that
(1) The witness has refused to submit to a deposition ordered by the court pursuant to rule
4.6; or
(2) The witness has refused to obey a lawfully issued subpoena; or
(3) It may become impracticable to secure the presence of the witness by subpoena.
Unless otherwise ordered by the court, the warrant shall be executed and returned as in rule 2.2.
(b) Hearing. After the arrest of the witness, the court shall hold a hearing no later than the
next judicial day after the witness is present in the county from which the warrant issued. The
witness shall be entitled to be represented by a lawyer. The court shall appoint a lawyer for an
indigent witness if it is required to protect the rights of the witness.
(c) Release/Detention. Upon a determination that the testimony of the witness is material
and that one of the conditions set forth in section (a) exists, the court shall set conditions for
release of the witness pursuant to rule 3.2. A material witness shall be released unless the court
determines that the testimony of such witness cannot be secured adequately by deposition and
that further detention is necessary to prevent a failure of justice. Release of a material witness
may be delayed for a reasonable period of time until the deposition of the witness can be taken
pursuant to rule 4.6.
History
[Adopted effective July 1, 1973; Amended effective September 1, 1991.]
Provenance
- Source
- www.courts.wa.gov
- Retrieved
- 2026-09-16
- Edition
- 2026-09-16
- Content hash
0d578661cc751fcc5bc899c13c40eca28623940f0a029644b39e9b4908de1602
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