Wash. Crim. R. Cts. Ltd. Juris. 4.10

(a) Warrant. On motion of the prosecuting authority 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 court 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.