Washington Subpoena
Washington pays a subpoenaed witness whatever a superior court juror gets, up to twenty-five dollars but never less than ten, and a nearby witness who demands fees at service cannot be compelled without them. Attorney review available.
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Introduction
Washington does not set a witness fee. It borrows one. RCW 2.40.010 says witnesses shall receive for each day's attendance in all courts of record of this state the same compensation per day and per mile as jurors in superior court, and the same as district court jurors elsewhere. Follow that pointer to RCW 2.36.150 and you land on a range rather than a figure: jurors may receive up to twenty-five dollars but in no case less than ten dollars for each day's attendance, besides mileage at the rate determined under RCW 43.03.060. The mileage pointer leads somewhere unusual too, because RCW 43.03.060 names no cents either. It has the director of financial management establish the rate, subject to a ceiling tied to the federal substantiation threshold, so the number moves administratively. The second Washington rule worth knowing before you serve anyone is RCW 5.56.010. A witness who lives in the same county as the court, or within twenty miles of it, and who demands the money at the time of service cannot be compelled to attend unless the fees for one day's attendance and travel are paid or tendered. Past that twenty-mile line the procedure changes shape: the party wanting the witness applies ex parte, the court fixes an allowance for meals, lodging and necessary travel without notice, and those amounts are endorsed upon the subpoena and tendered at service. DocDraft assembles your Washington subpoena around those rules, with attorney review available before anything is served.
Key Things to Know
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A Washington subpoena is a command, issued in a pending case, that requires a person to attend and give testimony, to produce and permit inspection and copying of designated books, documents or tangible things, or to permit inspection of premises (Superior Court Civil Rule 45(a)).
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Washington sets no witness-fee figure of its own. A witness receives for each day's attendance the same compensation per day and per mile as a juror in superior court, or a district court juror in any other court (RCW 2.40.010).
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The juror figure that feeds through is a range: jurors may receive up to twenty-five dollars but in no case less than ten dollars for each day's attendance, besides mileage (RCW 2.36.150), so the practical Washington witness fee is $10 to $25 a day.
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Mileage is set administratively, not by statute. RCW 43.03.060 has the director of financial management establish the rate, which shall not exceed the rate above which the federal substantiation requirements apply, so confirm the current figure rather than assuming one.
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A witness residing in the court's county or within twenty miles of the court who demands fees at the time of service cannot be compelled to attend unless they are paid or tendered (RCW 5.56.010).
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For a witness residing outside the county or more than twenty miles away, the party applies ex parte and the court fixes an allowance for meals, lodging and necessary travel without notice, endorsed upon the subpoena and tendered at service.
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Washington prints the form inside the rule. CR 45(h) sets out a sheet headed SUBPOENA IN A CIVIL CASE, and CR 45(a)(1)(D) requires every subpoena to set forth the text of subsections (c) and (d) of the rule.
Key decisions before you file
Before you file a Subpoena in Washington, a few decisions shape the document: which option to choose and what each one means. The Subpoena guide walks through them.
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Washington Requirements for Subpoena
Witness Fee Equals the Juror Rate, $10 to $25
Washington sets no witness-fee figure of its own. A witness receives for each day of attendance the same compensation per day and per mile as a juror in superior court, or a district court juror in any other court (RCW 2.40.010). The juror expense payment is up to twenty-five dollars but in no case less than ten dollars per day (RCW 2.36.150).
Mileage Set by the Director of Financial Management
Washington puts no cents-per-mile figure in statute. Jurors, and through them witnesses, get mileage at the rate determined under RCW 43.03.060, which is established by the director of financial management and shall not exceed the rate above which the federal substantiation requirements apply. Confirm the current published rate before paying.
Fees on Demand Within Twenty Miles
Under RCW 5.56.010 no person may be compelled to attend as a civil witness unless the fees for one day of attendance and travel are paid or tendered, provided a witness residing in the court's county or within twenty miles of the court demands them at the time of service. Send the money with the server.
Ex Parte Allowance Beyond Twenty Miles
For a witness residing outside the county or more than twenty miles from the court, RCW 5.56.010 makes the party apply ex parte. The court, judge, commissioner, referee or clerk fixes without notice an allowance for meals, lodging and necessary travel, and those amounts are endorsed upon the subpoena and tendered at service. The court may allow more at or after trial.
Court Seal, Clerk Praecipe or Attorney of Record
CR 45(a)(4) allows a subpoena to be issued by the court in which the action is pending under that court's seal, or by the clerk in response to a praecipe. An attorney of record of a party, or another person authorized by statute, may issue and sign one, expressly subject to RCW 5.56.010.
Five Days of Party Notice on Records
A records-only or premises-only subpoena must be served on each party under rule 5(b) no fewer than five days before it is served on the person it names, unless the parties agree or the court orders otherwise for good cause (CR 45(b)(2)). The recipient then has 14 days after service to serve a written objection (CR 45(c)(2)(B)).
Nonresident Deposition Travel Capped at 40 Miles
CR 45(e)(2) lets a nonresident of Washington be required to attend an examination, produce documents or permit inspection only in the county of service, or within 40 miles from the place of service, or at another place fixed by court order. A Washington resident is limited instead to the county of residence, employment or in-person business. The federal 100-mile radius does not apply.
Contempt, Damages, and the Place Defense
Failure without adequate excuse to obey a Washington subpoena may be deemed contempt of the issuing court, but CR 45(g) builds in a defense: adequate cause exists when the subpoena purports to require a nonparty to appear outside the CR 45(e)(2) limits. RCW 5.56.060 separately makes a person who fails to attend without reasonable excuse liable to the aggrieved party for all damages occasioned by the failure.