Wash. Super. Ct. Crim. R. 4.8

a) For Attendance of Witnesses at Hearing or Trial. A subpoena commanding a

person to attend and give testimony at a hearing or at trial (“a subpoena for testimony”) shall be

issued as follows:

(1) Form; Issuance.

(A) A subpoena for testimony shall (i) state the title of the action, the case number, the

name of the court in which the action is pending, and, if different, the name of the court from

which the subpoena is issued; and (ii) command each person to whom it is directed to attend and

give testimony at a specified time and place.

(B) The court in which the action is pending or before which attendance is required may

issue a subpoena for testimony under the seal of that court, or the clerk may issue the subpoena

for testimony in response to a praecipe. An attorney for a party also may sign and issue a

subpoena for testimony.

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

with a subpoena for testimony or may be issued separately under section (b) of this rule.

(2) Notice. Notice to each party of the issuance of a subpoena for testimony is not

required; provided that, when a subpoena for testimony also commands the person to whom it is

directed to produce evidence or to permit inspection of things, the serving party shall give

advance notice of such subpoena in the manner described in subsection (b) of this rule.

(3) Service—How Made. A subpoena for testimony may be served by any suitable person

over 18 years of age, by giving the witness a copy thereof, or by leaving a copy at the witness’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 or declaration. A subpoena for testimony

may also be served by first-class mail, postage prepaid, together with a waiver of personal

service and instructions for returning such waiver to the attorney of record of the party to the

action in whose behalf the witness is required to appear. Service by mail shall be deemed

complete upon the filing of the returned waiver of personal service, signed in affidavit or

declaration form.

(4) When Witness Excused. A witness subpoenaed to attend a hearing or trial is excused

from further attendance as soon as the witness has given testimony in chief and has been

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

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

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

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

the minutes.

(b) For Producing Evidence or Permitting Inspection. A subpoena commanding a

person to produce and permit inspection and copying of designated documents, tangible things,

or premises in the possession, custody, or control of that person (“a subpoena for production”)

shall be issued as follows:

(1) Form; Issuance.

(A) A subpoena for production shall (i) state the title of the action, the case number, the

name of the court in which the action is pending, and, if different, the name of the court from

which the subpoena is issued; (ii) command each person to whom it is directed to produce and

permit inspection and copying of documentary evidence, tangible things, or premises in the

possession, custody, or control of that person at a specified time and place; and (iii) set forth the

text of subsection (b)(4) of this rule.

(B) The court in which the action is pending or before which attendance is required may

issue a subpoena for production under the seal of that court or the clerk may issue the subpoena

in response to a praecipe. An attorney for a party also may sign and issue a subpoena for

production.

(C) A subpoena for production may be joined with a subpoena for testimony, or it may be

issued separately, provided that a subpoena to inspect premises may not be combined with other

subpoenas issued pursuant to this rule.

(2) Notice. Notice to parties of the issuance of a subpoena for production is not required;

provided that, whenever a party intends to serve a subpoena for production seeking evidence or

inspection of things or premises belonging or pertaining to a defendant who is not the party

seeking or issuing the subpoena, then the serving party must give all parties advance notice; and

provided that, whenever any party intends to serve a subpoena for production seeking evidence

or inspection of things belonging or pertaining to an alleged victim or complaining witness, then

the serving party shall provide advance notice to all parties and to the alleged victim or

complaining witness; and provided that a subpoena for inspection of premises must be signed by

the court and only after good cause is shown and advance notice is provided to all parties and

the owner or occupier of the premises.

(A) Time and Manner. If advance notice is required under this rule, then no fewer than

five days prior to service on the person named in the subpoena for production, notice shall be

provided in the manner prescribed by CR 5(b). The parties may agree to shorten the time for

advance notice when a subpoena seeks solely evidence or tangible things belonging or

pertaining to a defendant. The court may shorten the time for advance notice upon a showing

of good cause by a party; provided that, any alleged victim or complaining witness whose

evidence, tangible things, or premises are sought shall receive notice and an opportunity to be

heard on any motion to shorten time.

(B) Court May Excuse Notice. A court on ex parte motion may excuse compliance with

the advance notice requirement upon the serving party’s showing of good cause; any such court

order, along with a copy of the subpoena for which notice is excused, shall be filed under seal

pursuant to GR 15.

(3) Service—How Made. A subpoena for production shall be served in the manner

prescribed in CR 5(b); provided that, if the subpoena for production is joined with a subpoena

for testimony, then subsection (a)(3) of this rule shall govern service.

(4) Protection of Persons Subject to Subpoena for Production. On timely motion, the

court may quash or modify a subpoena for production if it (A) fails to allow reasonable time for

compliance; (B) requires disclosure of privileged or other protected matter and no exception or

waiver applies; (C) is unreasonable, oppressive, or unduly burdensome; or (D) exceeds the

scope of discovery otherwise permitted under the criminal rules. The court may condition

denial of a motion to quash or modify upon the advancement by the party on whose behalf the

subpoena for production is issued of the reasonable cost of producing the books, papers,

documents, tangible things, or premises.

(5) Applicability of Other Notice and Privacy Provisions. The provisions of this rule do

not modify or limit privacy protections and notice requirements provided by court rule, statute,

regulation, or other applicable law.

(c) 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.

Comment

Supersedes RCW 10.46.030 in part, .050.