Proposed Rules Archives

• Proposed Changes to CRLJ 45 - Subpoena (in Word Format)
• Comments Received for CRLJ 45 - Subpoena

A. Purpose: A newly redrafted version of CR 45 took effect September 1, 2007. The corresponding CRLJ 45 was not amended at that time and remains nearly identical to the former version of CR 45. This suggested amendment would conform CRLJ 45 to CR 45 (including to additional changes suggested by a concurrent proposal to amend CR 45).

By way of background, the recent redraft of CR 45 conformed that rule, to the extent practicable, to Federal Rule of Civil Procedure 45 and improved CR 45’s organization and usefulness. For a detailed discussion of the substantive changes introduced by the redraft of CR 45, please see the statement of purpose for the amendment that took effect September 1, 2007.

For more information on the two additional changes now being suggested for CR 45, please see the statement of purpose for the concurrent suggested proposal to amend CR 45.

The suggested redraft of CRLJ 45 would once again put it on par with its counterpart in the Civil Rules. The language of the suggested amendment is nearly identical to the language of CR 45 (assuming that CR 45 is amended pursuant to the concurrent suggested proposal). There would be three minor differences. First, CRLJ 45(a)(3) would end with “…in accordance with rule 26” because, unlike the Civil Rules, there is no rule 34 in the Rules for Courts of Limited Jurisdiction. Second, CRLJ 45(a)(4) would refer to the court issuing a subpoena “in the name of the State of Washington” rather than, as in CR 45, “under the seal of that court.” This is because of uncertainty over whether all courts of limited jurisdictions have seals. Finally, the form subpoena attached to CRLJ has been altered for use in courts of limited jurisdiction.