§45.4 Comparison with Federal Rule

• Jurisdiction: Washington

§45.4COMPARISON WITH FEDERAL RULE

Although the 2007 amendments to CR 45 eliminated many of the differences between federal and state subpoena practice, CR 45 and Fed. R. Civ. P. 45 still differ in a number of respects.

(1)"Abode" service

Unlike CR 45, Fed. R. Civ. P. 45 does not authorize "abode" service, but requires service on "the named person" whose attendance is sought. Fed. R. Civ. P. 45(b)(1). In contrast, CR 45(b)(1) authorizes abode service by leaving a copy of the subpoena at the witness's "abode with some person of suitable age and discretion then residing therein."

(2)Evidence subpoenas independent of deposition or trial

Until 2007, CR 45 did not permit the issuance of a subpoena for production or inspection of books, documents, or tangible things, or to permit inspection of premises, independent of a command to appear at a deposition hearing or trial. The 2007 amendments dispensed with the appearance requirement, but if a party intends to issue a subpoena without a command to attend a deposition, hearing, or trial, the party must first serve the subpoena on each party in the action. Service must be no fewer than five days prior to the service of the subpoena on the person named therein. Under CR 6, intermediate Saturdays, Sundays, and legal holidays are excluded from the calculation of any period of time less than seven days. The parties can agree, or the court may order ex parte, a reduction or elimination of the five-day notice period. CR 45(b)(2).

FED. R. CIV. P. 45 has no equivalent requirement of service of the subpoena for documents or inspection on other parties prior to service upon the person named in the subpoena.

(3)Geographic scope

With respect to trial subpoenas, Washington provides for statewide service by statute. RCW 5.56.010. The federal rule imposes a...