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, a judge must approve of the subpoena. (1) Both the prosecution and the Defendant are entitled to subpoena such witnesses as are necessary. Subpoenas may be issued by the attorney of record of the party to the action on whose behalf the witness is required to appear, and the form of such subpoena in each case shall be the same as when issued by the Court except that it shall only be subscribed by the signature of such attorney. (2) When so required by the Court, or requested by opposing counsel, the attorney of record whose signature is subscribed to the subpoena, shall show to the satisfaction of the Court the materiality of the testimony which is expected to be obtained from such witnesses. (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.
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