Key Statutory Takeaways for Washington Litigants
- Under Washington Superior Court Civil Rule CR 45(b), a subpoena may be served by any suitable person over 18 years of age who is not a party to the lawsuit.
- When a subpoena commands a witness's personal attendance at a trial or deposition, CR 45(b)(1) and RCW 5.56.010 require tendering one day's statutory attendance fee plus round-trip mileage IF demanded by the witness.
- Under RCW 2.40.010, Washington witness attendance fees are set by county legislative authority within a statutory range of $10 to $25 per day, plus round-trip mileage calculated at the state official mileage rate (tied to the IRS standard mileage rate under RCW 43.03.060).
- A subpoena duces tecum commanding only the production of business or medical records (without personal attendance) does not require a witness attendance fee, though healthcare providers must receive at least 14 days' advance notice under RCW 70.02.060.
How Subpoenas Are Issued and Served Under Washington CR 45
In Washington State courts, Superior Court Civil Rule CR 45 governs the issuance, service, and enforcement of subpoenas in civil litigation. Under CR 45(a)(4), a subpoena may be issued by the clerk of the court under seal, or—as is standard practice in Washington—signed and issued directly by an attorney of record representing a party in the action.
Under CR 45(b), service of a subpoena upon a named individual is made by delivering a copy of the subpoena directly to the person. Unlike a civil summons (which permits substitute abode service on a co-resident under RCW 4.28.080(16)), a personal attendance subpoena targeting a non-party witness should be personally handed to the witness to ensure the court can enforce compliance via contempt under CR 45(f). When serving a subpoena on a corporation, LLC, bank, or hospital for records, delivery is made to the entity's registered agent, designated legal intake desk, or Custodian of Records.
Calculating Statutory Witness Fees and Mileage (RCW 2.40.010 & RCW 5.56.010)
One of the most frequent procedural questions from litigation paralegals involves witness fee checks. Washington follows a distinct rule under CR 45(b)(1) and RCW 5.56.010: when a subpoena commands a person's attendance at a trial, hearing, or deposition, the server must tender the fees for one day's attendance and the mileage allowed by law, IF DEMANDED by the witness. However, best litigation practice in Washington—especially for hostile or reluctant non-party witnesses—is to attach the witness fee check directly to the subpoena at the time of service so the witness cannot later claim they demanded fees and were refused.
How is the exact check amount calculated? Under RCW 2.40.010, witnesses in Washington courts receive a daily attendance fee fixed by the county legislative authority of between $10.00 and $25.00 per day (historically $10.00/day in counties that have not passed a higher local ordinance, or up to $25.00/day where adopted), PLUS mileage going to and returning from the court or deposition site. Under RCW 2.40.010 and RCW 43.03.060, witness mileage in Washington is reimbursed at the state employee private vehicle rate set by the Office of Financial Management (OFM), which tracks the federal IRS standard business mileage rate.
Subpoenas Duces Tecum for Business, Financial, and Medical Records
When serving a Subpoena Duces Tecum that commands only the production or inspection of documents, electronically stored information (ESI), or tangible things—without requiring a witness to appear in person at a deposition—CR 45(b)(1) specifies that no witness attendance fee or mileage check needs to be tendered at the time of service. However, under CR 45(a)(1)(D) and CR 45(b)(2), the issuing attorney must serve a copy of the records subpoena on all other parties to the lawsuit at least 5 days before the subpoena is served on the non-party custodian (unless otherwise ordered by the court).
Special statutory rules apply when serving medical records subpoenas on Washington hospitals and clinics (such as Harborview Medical Center, Swedish First Hill, MultiCare Tacoma General, or Providence Sacred Heart). Under the Uniform Health Care Information Act, RCW 70.02.060(1), before a process server can serve a discovery subpoena on a health care provider for patient records, the requesting attorney must provide at least 14 days' written notice to the patient (or the patient's attorney) to allow time to seek a protective order. The hospital's Health Information Management (HIM) desk will require either a signed HIPAA authorization, a protective order, or the attorney's written certification that the 14-day RCW 70.02.060 notice period has elapsed without objection.
Geographical Limits and Deposition Subpoena Rules Under CR 45(e)
Under CR 45(e)(1), a trial subpoena issued out of any Superior Court in the State of Washington may be served anywhere within the State of Washington. However, if the witness resides more than 20 miles from the courthouse and outside the county where the action is pending, special rules regarding witness fees and court orders can apply if you seek to compel live trial testimony.
For deposition subpoenas under CR 45(e)(2), a non-party resident of Washington may be commanded to attend an examination only in the county where they reside, are employed, or transact business in person, or at another convenient place fixed by court order. Non-residents of Washington served while physically present inside Washington may be required to attend in the county where they were served or within 40 miles from the place of service.
Frequently Asked Questions: Subpoena & Witness Fee Rules (CR 45)
How many days in advance must a subpoena be served in Washington?
CR 45 does not set a rigid minimum day count for all trial subpoenas, instead requiring "reasonable time for compliance" under CR 45(c)(3)(A)(i) (and at least 5 days' prior notice to opposing counsel before serving a document production subpoena on a third party under CR 45(b)(2), plus 14 days' advance notice to the patient for medical records under RCW 70.02.060).
Can you advance the witness fee check on behalf of our law firm?
Yes! When you order subpoena service through our portal, we can cut and attach the statutory witness attendance and mileage check on your firm's behalf and itemize the exact disbursement on your invoice.
Can a subpoena be served by email or certified mail in Washington?
Under CR 45(b), valid service of a subpoena requires personal delivery to the witness (or authorized intake agent), unless the witness or their counsel explicitly agrees in writing to accept service electronically or by mail.
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