Creates a legal pleading by L699pm4

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 7                 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
                             IN AND FOR THE COUNTY OF
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             ,                                              NO.
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                            Plaintiff/Petitioner,           SUBPOENA DUCES TECUM
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                    vs.
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             ,
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                            Defendant/Respondent.
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14   The State of Washington to:

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                                    Name
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                                    Address
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18   You are commanded to appear before:

19   Judge        of the Superior Court of the State of Washington for              County at the

20   County Courthouse,          [address] Room             on       [date] at             a.m.

21   p.m.[time] and testify in this case on behalf of the    plaintiff/petitioner

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     SUBPOENA DUCES TECUM - 1 of 4
 1   defendant/respondent, and to remain in attendance until you have given your testimony or you

 2   have been dismissed or excused by the court, and to bring with you the following documents:

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 5            Dated: ____________________

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                                                ______________ County Superior Court Clerk
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        Applicable      Not applicable
 9   Allowances for meals, lodging,
     and travel expenses pursuant to
10   RCW 5.56.010:

11   Meals:

12   Lodging:

13   Travel expenses:

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     Person Requesting subpoena:
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16   Name

17   Address

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19   Telephone Number

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      CR 45, Sections (c) & (d):
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              (c) Protection of Persons Subject to Subpoenas.
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     SUBPOENA DUCES TECUM - 2 of 4
 1          (1) A party or an attorney responsible for the issuance and service of a subpoena shall

 2    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
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      this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a
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      reasonable attorney's fee.
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            (2)(A) A person commanded to produce and permit inspection and copying of
 6    designated books, papers, documents or tangible things, or inspection of premises need not
 7    appear in person at the place of production or inspection unless commanded to appear for

 8    deposition, hearing or trial.

 9          (B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit
      inspection and copying may, within 14 days after service of subpoena or before the time
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      specified for compliance if such time is less than 14 days after service, serve upon the party or
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      attorney designated in the subpoena written objection to inspection or copying of any or all of
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      the designated materials or of the premises. If objection is made, the party serving the
13    subpoena shall not be entitled to inspect and copy the materials or inspect the premises except
14    pursuant to an order of the court by which the subpoena was issued. If objection has been

15    made, the party serving the subpoena may, upon notice to the person commanded to produce
      and all other parties, move at any time for an order to compel the production. Such an order to
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      compel production shall protect any person who is not a party or an officer of a party from
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      significant expense resulting from the inspection and copying commanded.
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            (3)(A) On timely motion, the court by which a subpoena was issued shall quash or
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      modify the subpoena if it:
20                (i)   fails to allow reasonable time for compliance;

21                (ii) fails to comply with RCW 5.56.010 or subsection (e)(2) of this rule;

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     SUBPOENA DUCES TECUM - 3 of 4
 1                  (iii) requires disclosure of privileged or other protected matter and no exception or

 2    waiver applies; or
                    (iv) subjects a person to undue burden, provided that the court may condition
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      denial of the motion upon a requirement that the subpoenaing party advance the reasonable
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      cost of producing the books, papers, documents, or tangible things.
 5              (B) If a subpoena
 6                  (i) requires disclosure of a trade secret or other confidential research,

 7    development, or commercial information, or
                    (ii) requires disclosure of an unretained expert's opinion or information not
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      describing specific events or occurrences in dispute and resulting from the expert's study made
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      not at the request of any party, the court may, to protect a person subject to or affected by the
10    subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena is
11    issued shows a substantial need for the testimony or material that cannot be otherwise met

12    without undue hardship and assures that the person to whom the subpoena is addressed will be
      reasonably compensated, the court may order appearance or production only upon specified
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      conditions.
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             (d) Duties in Responding to Subpoena.
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             (1) A person responding to a subpoena to produce documents shall produce them as they
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      are kept in the usual course of business or shall organize and label them to correspond with the
17    categories in the demand.

18           (2) When information subject to a subpoena is withheld on a claim that it is privileged or
19   subject to protection as trial preparation materials, the claim shall be made expressly and shall be

20   supported by a description of the nature of the documents, communications, or things not
     produced that is sufficient to enable the demanding party to contest the claim
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     [Amended effective July 1, 1972; September 1, 1983; September 1, 1993; September 1, 2007; January 12, 2010]
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     SUBPOENA DUCES TECUM - 4 of 4

								
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