RULE 45.
SUBPOENA
(a) Form; Issuance.
(1) Every subpoena shall:
(A) state the name of the court from which it is issued;
(B) state the title of the action, the name of the court in which it is
pending, and its case number;
(C) command each person to whom it is directed to attend and give
testimony or to produce and permit inspection and copying of designated
books, documents or tangible things in the possession, custody or control of
that person, or to permit inspection of premises, at a time and place
therein specified; and
(D) set forth the text of subsections (c) and (d) of this rule.
(2) A subpoena for attendance at a deposition shall state the method for
recording the testimony.
(3) A command to a person to produce evidence or to permit inspection may be
joined with a command to appear at trial or hearing or at deposition, or may be
issued separately. A party may be compelled to produce evidence at a
deposition or permit inspection only in accordance with rule 26.
(4) A subpoena may be issued by the court in which the action is pending in
the name of the State of Washington or by the clerk in response to a praecipe.
An attorney of record of a party or other person authorized by statute may
issue and sign a subpoena, subject to RCW 5.56.010.
(b) Service.
(1) A subpoena may be served by any suitable person over 18 years of age by
giving the person named therein a copy thereof, or by leaving a copy at such
person'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.
(2) A subpoena commanding production of documents and things, or inspection
of premises, without a command to appear for deposition, hearing or trial,
shall be served on each party in the manner prescribed by rule 5(b). Such
service shall be made no fewer than five days prior to service of the subpoena
on the person named therein, unless the parties otherwise agree or the court
otherwise orders for good cause shown. A motion for such an order may be made ex parte.
(c) Protection of Persons Subject to Subpoenas.
(1) A party or an attorney responsible for the issuance and service of a
subpoena shall take reasonable steps to avoid imposing undue burden or expense
on a person subject to that subpoena. The court shall enforce this duty and
impose upon the party or attorney in breach of this duty an appropriate
sanction, which may include, but is not limited to, lost earnings and a
reasonable attorney's fee.
(2)(A) A person commanded to produce and permit inspection and copying of
designated books, papers, documents or tangible things, or inspection of
premises need not appear in person at the place of production or inspection
unless commanded to appear for deposition, hearing or trial.
(B) Subject to subsection (d)(2) of this rule, a person commanded to
produce and permit inspection and copying may, within 14 days after service of
the subpoena or before the time specified for compliance if such time is less
than 14 days after service, serve upon the party or attorney designated in the
subpoena written objection to inspection or copying of any or all of the
designated materials or of the premises. If objection is made, the party
serving the subpoena shall not be entitled to inspect and copy the materials or
inspect the premises except pursuant to an order of the court by which the
subpoena was issued. If objection has been made, the party serving the
subpoena may, upon notice to the person commanded to produce and all other
parties, move at any time for an order to compel the production. Such an order
to compel production shall protect any person who is not a party or an officer
of a party from significant expense resulting from the inspection and copying
commanded.
(3)(A) On timely motion, the court by which a subpoena was issued shall
quash or modify the subpoena if it:
(i) fails to allow reasonable time for compliance;
(ii) fails to comply with RCW 5.56.010 or subsection (e)(2) of this rule;
(iii) requires disclosure of privileged or other protected matter and
no exception or waiver applies; or
(iv) subjects a person to undue burden, provided that the court may
condition denial of the motion upon a requirement that the subpoenaing
party advance the reasonable cost of producing the books, papers,
documents, or tangible things.
(B) If a subpoena
(i) requires disclosure of a trade secret or other confidential
research, development, or commercial information, or
(ii) requires disclosure of an unretained expert's opinion or
information not describing specific events or occurrences in dispute
and resulting from the expert's study made not at the request of any
party, the court may, to protect a person subject to or affected by the
subpoena, quash or modify the subpoena or, if the party in whose behalf
the subpoena is issued shows a substantial need for the testimony or
material that cannot be otherwise met without undue hardship and
assures that the person to whom the subpoena is addressed will be
reasonably compensated, the court may order appearance or production
only upon specified conditions.
(d) Duties in Responding to Subpoena.
(1) A person responding to a subpoena to produce documents shall produce
them as they are kept in the usual course of business or shall organize and
label them to correspond with the categories in the demand.
(2)(A) When information subject to a subpoena is withheld on a claim that
it is privileged or subject to protection as trial preparation materials,
the claim shall be made expressly and shall be supported by a description of
the nature of the documents, communications, or things not produced that is
sufficient to enable the demanding party to contest the claim.
(B) If information produced in response to a subpoena is subject to a
claim of privilege or of protection as trial-preparation material, the
person making the claim may notify any party that received the information
of the claim and the basis for it. After being notified, a party must
promptly return, sequester, or destroy the specified information and any
copies it has; must not use or disclose the information until the claim is
resolved; must take reasonable steps to retrieve the information if the
party disclosed it before being notified; and may promptly present the
information in camera to the court for a determination of the claim. The
person responding to the subpoena must preserve the information until the
claim is resolved.
(e) Subpoena for Taking Deposition, Producing Documents, or Permitting Inspection.
(1) Witness Fees and Mileage. [Reserved. See RCW 2.40.020.]
(2) Place of Examination. A resident of the state may be required to
attend an examination, produce documents, or permit inspection only in the
county where the person resides or is employed or transacts business in
person, or at such other convenient place as is fixed by an order of the
court. A nonresident of the state may be required to attend an examination,
produce documents, or permit inspection only in the county where the person
is served with a subpoena, or within 40 miles from the place of service, or
at such other convenient place as is fixed by an order of the court.
(3) Foreign Proceedings for Local Actions. When the place of examination,
production, or inspection is in another state, territory, or country, the
party desiring to take the deposition, obtain production, or conduct
inspection may secure the issuance of a subpoena or equivalent process in
accordance with the laws of such state, territory, or country.
(4) Local Depositions for Foreign Actions. When any officer or person is
authorized to take depositions in this state by the law of another state,
territory, or country, with or without a commission, a subpoena to require
attendance before such officer or person may be issued by any court of this
state for attendance at any place within its jurisdiction.
(f) Subpoena For Hearing or Trial.
(1) When Witnesses Must Attend-Fees and Allowances. [Reserved. See RCW 5.56.010.]
(2) When Excused. A witness subpoenaed to attend in a civil case is
dismissed and excused from further attendance as soon as the witness has
given testimony in chief and has been cross-examined thereon, unless either
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' 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.
(g) 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. An adequate cause for failure to obey exists when a subpoena purports
to require a non-party to attend a deposition, produce documents, or permit
inspection at a place not within the limits provided by subsection (e)(2).
(h) Form. A subpoena should be substantially in the form below.
Issued by the
[NAME OF COURT]
SUBPOENA IN A CIVIL CASE
v.
CAUSE NUMBER:
TO:
[ ] YOU ARE COMMANDED to appear in the above captioned court at the place, date,
and time specified below to testify in the above case.
____________________________ ________________________________________
PLACE OF TESTIMONY COURTROOM
________________________________________
DATE AND TIME
[ ] YOU ARE COMMANDED to appear at the place, date, and time specified below to
testify at the taking of a deposition in the above case.
Any organization not a party to this suit that is subpoenaed for the taking of
a deposition shall designate one or more officers, directors, or managing
agents, or other persons who consent to testify on its behalf, and may set
forth, for each person designated, the matters on which the person will
testify. CRLJ 26.
____________________________ ________________________________________
PLACE OF DEPOSITION DATE AND TIME
[ ] YOU ARE COMMANDED to produce and permit inspection and copying of the
following documents or tangible things at the place, date, and time specified
below (list documents or objects):
____________________________ ________________________________________
PLACE DATE AND TIME
[ ] YOU ARE COMMANDED to permit inspection of the following premises at the date
and time specified below.
____________________________ ________________________________________
PREMISES DATE AND TIME
________________________________________________________________________
ISSUING OFFICER'S NAME, ADDRESS AND PHONE NUMBER
________________________________________________________________________
PROOF OF SERVICE
DATE PLACE
SERVED
________________________________________________________________________
SERVED ON (PRINT NAME) MANNER OF SERVICE
________________________________________________________________________
SERVED BY (PRINT NAME) TITLE
________________________________________________________________________
DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the State of
Washington that the foregoing information contained in the Proof of Service is
true and correct.
Executed on _________________________ ____________________________
DATE/PLACE SIGNATURE OF SERVER
____________________________________
ADDRESS OF SERVER
CRLJ 45, Sections (c) & (d):
(c) Protection of Persons Subject to Subpoenas.
(1) A party or an attorney responsible for the issuance and service of a
subpoena shall take reasonable steps to avoid imposing undue burden or expense
on a person subject to that subpoena. The court shall enforce this duty and
impose upon the party or attorney in breach of this duty an appropriate
sanction, which may include, but is not limited to, lost earnings and a
reasonable attorney's fee.
(2)(A) A person commanded to produce and permit inspection and copying of
designated books, papers, documents or tangible things, or inspection of
premises need not appear in person at the place of production or inspection
unless commanded to appear for deposition, hearing or trial.
(B) Subject to subsection (d)(2) of this rule, a person commanded to
produce and permit inspection and copying may, within 14 days after service
of the subpoena or before the time specified for compliance if such time
is less than 14 days after service, serve upon the party or attorney
designated in the subpoena written objection to inspection or copying of any
or all of the designated materials or of the premises. If objection is made,
the party serving the subpoena shall not be entitled to inspect and copy the
materials or inspect the premises except pursuant to an order of the court by
which the subpoena was issued. If objection has been made, the party
serving the subpoena may, upon notice to the person commanded to produce and
all other parties, move at any time for an order to compel the production.
Such an order to compel production shall protect any person who is not a party
or an officer of a party from significant expense resulting from the inspection
and copying commanded.
(3)(A) On timely motion, the court by which a subpoena was issued shall
quash or modify the subpoena if it:
(i) fails to allow reasonable time for compliance;
(ii) fails to comply with RCW 5.56.010 or subsection (e)(2) of this rule;
(iii) requires disclosure of privileged or other protected matter and no
exception or waiver applies; or
(iv) subjects a person to undue burden, provided that the court may
condition denial of the motion upon a requirement that the
subpoenaing party advance the reasonable cost of producing the books,
papers, documents, or tangible things.
(B) If a subpoena
(i) requires disclosure of a trade secret or other confidential research,
development, or commercial information, or
(ii) requires disclosure of an unretained expert's opinion or information
not describing specific events or occurrences in dispute and resulting
from the expert's study made not at the request of any party, the court
may, to protect a person subject to or affected by the subpoena, quash
or modify the subpoena or, if the party in whose behalf the subpoena is
issued shows a substantial need for the testimony or material that cannot
be otherwise met without undue hardship and assures that the person to
whom the subpoena is addressed will be reasonably compensated, the court
may order appearance or production only upon specified conditions.
(d) Duties in Responding to Subpoena.
(1) A person responding to a subpoena to produce documents shall produce them as they
are kept in the usual course of business or shall organize and label them to correspond
with the categories in the demand.
(2)(A) When information subject to a subpoena is withheld on a claim that it is
privileged or subject to protection as trial preparation materials, the claim shall
be made expressly and shall be supported by a description of the nature of the
documents, communications, or things not produced that is sufficient to enable the
demanding party to contest the claim.
(B) If information produced in response to a subpoena is subject to a claim of
privilege or of protection as trial- preparation material, the person making the
claim may notify any party that received the information of the claim and the
basis for it. After being notified, a party must promptly return, sequester, or
destroy the specified information and any copies it has; must not use or disclose
the information until the claim is resolved; must take reasonable steps to retrieve
the information if the party disclosed it before being notified; and may promptly
present the information in camera to the court for a determination of the claim.
The person responding to the subpoena must preserve the information until
the claim is resolved.
[Amended September 1, 2009]
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