supcr45.doc - RULE CR 45 SUBPOENA(a Form Issuance(1 Every subpoena shall(A state the name of the court from which it is issued(B state the title of the

supcr45.doc - RULE CR 45 SUBPOENA(a Form Issuance(1 Every...

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RULE CR 45 SUBPOENA (a) Form; Issuance. (1) Every subpoena shall: (A) state the name of the court from which it is issued; (B) state the title of the action, the name of the court in which it is pending, and its case number; (C) command each person to whom it is directed to attend and give testimony or to produce and permit inspection and copying of designated books, documents or tangible things in the possession, custody or control of that person, or to permit inspection of premises, at a time and place therein specified; and (D) set forth the text of subsections (c) and (d) of this rule. (2) A subpoena for attendance at a deposition shall state the method for recording the testimony. (3) A command to a person to produce evidence or to permit inspection may be joined with a command to appear at trial or hearing or at deposition, or may be issued separately. A party may be compelled to produce evidence at a deposition or permit inspection only in accordance with rule 34. (4) A subpoena may be issued by the court in which the action is pending under the seal of that court or by the clerk in response to a praecipe. An attorney of record of a party or other person authorized by statute may issue and sign a subpoena, subject to RCW 5.56.010. (b) Service. (1) A subpoena may be served by any suitable person over 18 years of age by giving the person named therein a copy thereof, or by leaving a copy at such person’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein . When service is made by any person other than an officer authorized to serve process, proof of service shall be made by affidavit. (2) A subpoena commanding production of documents and things, or inspection of premises, without a command to appear for deposition, hearing or trial, shall be served on each party in the manner prescribed by rule 5(b). Such service shall be made no fewer than five days prior to service of the subpoena on the person named therein, unless the parties otherwise agree or the court otherwise orders for good cause shown. A motion for such an order may be made ex parte . (c) Protection of Persons Subject to Subpoenas. (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney’s fee.
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(2) (A) A person commanded to produce and permit inspection and copying of designated books, papers, documents or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial.
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