Skip Page LinksWelcome to Washington State Courts
Courts Home> Court Rules
 
	
                           ELC 4.7
                  ENFORCEMENT OF SUBPOENAS


(a) Authority.  To enforce subpoenas issued under these
rules, the Supreme Court delegates contempt authority to the
Superior Courts as necessary for the Superior Courts to act
under this rule.

(b) Procedure.

  (1) If a person fails to obey a subpoena, or obeys the
     subpoena but refuses to testify or produce documents
     when requested, disciplinary counsel, the respondent
     lawyer or the person issuing the subpoena may petition
     the Superior Court of the county where the hearing is
     being conducted, where the subpoenaed person resides or
     is found, or where the subpoenaed documents are
     located, for enforcement of the subpoena.  The petition
     must:

     (A) be accompanied by a copy of the subpoena and proof
         of service;

     (B) state the specific manner of the lack of
         compliance; and

     (C) request an order compelling compliance.

  (2) Upon the filing of the petition, the Superior
     Court enters an order directing the person to appear
     before it at a specified time and place to show cause
     why the person has not obeyed the subpoena or has
     refused to testify or produce documents.  A copy of the
     Superior Court’s show cause order must be served on the
     person.

  (3) At the show cause hearing, if it appears to the
     Superior Court that the subpoena was properly issued,
     and that the particular questions the person refused to
     answer or the requests for production of documents were
     reasonable and relevant, the Superior Court enters an
     order requiring the person to appear at a specified
     time and place and testify or produce the required
     documents.  On failing to obey this order, the person
     is dealt with as for contempt of court.


[Adopted effective October 1, 2002.]
	

Click here to view in a PDF.

 
 
Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library 
Back to Top | Privacy and Disclaimer Notices