Subpoena for Documents and/or Testimony
(Discovery) (WA)

Summary

This template is a subpoena for use in compelling the attendance of a non-party witness at a deposition in a civil action in Washington superior court. It may also be used to compel a nonparty to produce documents and other tangible things, either at a deposition or separately, or to permit entry on premises for inspection. See Wash. CR 45(a)(1)(C). This template includes practical guidance and drafting notes. To compel the attendance of a non-party deponent at a deposition, you must serve a subpoena on the non-party deponent in accordance with Wash. CR 45. See Wash. CR 30(b)(1), 31(a). If you fail to serve a subpoena on the non-party witness and the witness because of that failure does not attend, and if another party attends in person or by attorney because that party expects the deposition of the witness to be taken, the court may order you and/or your client to pay to the other party the reasonable expenses incurred by the other party and the other party's attorney in attending, including reasonable attorney fees. Wash. CR 30(g)(2). You must also serve a notice of deposition on all other parties to the action. See Wash. CR 30(b)(1), 31(a). This subpoena template is in the format prescribed by Wash. CR 45(h), and includes the verbatim text of Wash. CR 45(c) and (d), as required by Wash. CR 45(a)(1)(D). It is recommended that the rules text be printed on the back side of the subpoena. Because this template is for use in connection with discovery, the option for the subpoenaed party to appear to testify at trial (contained in the official form set forth in Wash. CR 45(h)) has been omitted from this version as inapplicable. You should check the boxes for the appropriate commands when filling out the subpoena form. Ordinarily, an attorney of record for a party may issue and sign a subpoena. Wash. CR 45(a)(4). However, under certain circumstances, the subpoena must be issued by the court. For example, if the subpoena is directed to a witness who resides outside the county in which the case is pending, or more than 20 miles from where the court is located, the party preparing the subpoena must apply ex parte to the court or a clerk of the court for issuance of the subpoena. Rev. Code Wash. § 5.56.010; see Wash. CR 45(a)(4). For further discussion of subpoenas, including requirements for issuance and service of subpoenas and restrictions on who can be subpoenaed and locations where a nonparty witness may be deposed, see Discovery Subpoenas: Drafting, Issuing, Serving, and Responding (WA).