§45.5 Purpose and Procedure

• Jurisdiction: Washington

§45.5PURPOSE AND PROCEDURE

Subpoenas are used to compel the testimony of witnesses and the production of documents and things at trial or during the discovery phase of litigation. This section will address the procedures for both categories of subpoenas. Once a person or entity has been properly served with a subpoena, that witness cannot ignore the subpoena without facing contempt and/or sanctions.

(1)Trial subpoena

A subpoena is the tool by which an attorney secures the attendance and testimony of nonparty witnesses at a trial or hearing. Pursuant to CR 45(a)(3), a subpoena also can require production of documents and things at the trial or a hearing. By contrast, a party's attendance at trial can be compelled through the procedures provided in CR 43(f).

(2)Pretrial discovery subpoena

During the pretrial phase, the...