WA · rules
Wash. Crim. R. Cts. Ltd. Juris. 4.10
Material Witness
(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.
History
[Adopted effective September 1, 1987.]
Provenance
- Source
- www.courts.wa.gov
- Retrieved
- 2026-09-16
- Edition
- 2026-09-16
- Content hash
de5081576468cab8c2911d6bbc60d86d762738399e1f5fdc1af1f314a7c44074
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