RULE 4.8
SUBPOENAS
(a) Issuance for Witnesses. The defendant and the prosecuting authority
may subpoena witnesses necessary to testify at a scheduled hearing or
trial. The subpoena may only be issued by a judge, court commissioner,
clerk of the court, or by a party's lawyer. If a party's lawyer issues a
subpoena, a copy shall be filed with the court. If the subpoena is for a
witness outside the county or counties contiguous with it, the judge must
approve the subpoena.
(b) Subpoena Duces Tecum.
(1) Upon application of either party, the court may issue a subpoena
duces tecum, commanding the person to whom it is directed to produce books,
papers, documents or other objects designated in it. The court may direct
that books, papers, documents or objects designated in the subpoena be
produced before the court at a time prior to the trial or prior to the time
when they are to be offered in evidence and may, upon their production,
permit the books, papers, documents or objects, or portions of them, to be
inspected by the parties and their lawyers.
(2) On motion made promptly the court may quash or modify the subpoena
duces tecum if compliance would be illegal, unreasonable or oppressive.
(c) Service. A subpoena may be directed for service within their
jurisdiction to the sheriff of any county or to any peace officer of any
municipality in which the witness may be, or it may be served as provided
in CRLJ 45(c), or it may be served by first-class mail, postage prepaid,
sent to the witness' last known address. Service by mail shall be deemed
complete upon the third day following the day upon which the subpoena was
placed in the mail.
(d) Proof of Service.
(1) When personal service is made by someone other than a sheriff or
peace officer, proof shall be by affidavit or by certification under RCW
9A.72.085 or any law amendatory thereof.
(2) Proof of service by mail may be by affidavit or certification,
under RCW 9A.72.085 or any law amendatory thereof, of the person who mailed
the papers, or by written acknowledgment of service.
(e) Sanctions.
(1) If at any time during the proceedings it is brought to the courts
attention that a party's lawyer has abused the power to issue subpoenas,
the court may impose upon the lawyer such terms as are just.
(2) No subpoena shall be the basis for a material witness warrant or a
contempt of court citation unless there is proof of personal receipt.
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