Enforcing an out-of-state subpoena in Washington requires compliance with the state's legal framework. Washington follows the Uniform Interstate Depositions and Discovery Act (UIDDA) under Revised Code of Washington (RCW) § 5.51.010, which streamlines the process for domesticating subpoenas issued in other jurisdictions.
Understanding Subpoena Domestication in Washington
A subpoena issued in another state does not automatically carry legal authority in Washington. It must be domesticated to ensure compliance with Washington’s jurisdictional and procedural requirements before enforcement.
Washington Law on Subpoena Domestication
Under RCW § 5.51.010, UIDDA allows an out-of-state party to obtain a Washington subpoena without the need for filing a formal motion or appearing in court. The process involves submitting the subpoena to the appropriate superior court clerk.
Step-by-Step Guide to Domesticate an Out-of-State Subpoena in Washington
1. Obtain a Valid Subpoena from the Issuing State
Before domesticating a subpoena in Washington, ensure that the original subpoena complies with the laws of the issuing jurisdiction. The subpoena must clearly specify the requested testimony, documents, or evidence.
2. Submit the Foreign Subpoena to a Washington Superior Court Clerk
Under RCW § 5.51.010, an out-of-state party must submit the foreign subpoena to the clerk of the superior court in the county where discovery is sought. The clerk will then issue a Washington subpoena that mirrors the terms of the original subpoena, ensuring compliance with Washington Superior Court Civil Rule (CR) 45.
3. Ensure Compliance with Washington’s Subpoena Requirements
The newly issued Washington subpoena must adhere to the following legal requirements:
Providing reasonable time for compliance (Wash. CR 45(c)).
Avoiding undue burden or expense on the subpoenaed party (Wash. CR 45(d)).
Complying with state discovery limitations and procedural rules.
4. Properly Serve the Subpoena
The Washington subpoena must be served in accordance with Washington Superior Court Civil Rule 4. Acceptable service methods include:
A licensed process server
The county sheriff
An individual authorized under Wash. CR 4(d)
Proper documentation of service is required to ensure the subpoena is legally enforceable.
5. Handling Objections and Motions to Quash
Under Wash. CR 45(d), the recipient of a subpoena has the right to object on legal grounds such as privilege, undue hardship, or jurisdictional concerns. If objections arise, the requesting party may need to petition the court to enforce compliance.
6. Enforcing Compliance or Filing a Motion to Compel
If a subpoenaed party refuses to comply, the requesting party can file a motion to compel in the Washington superior court. Non-compliance may result in court-imposed sanctions, including contempt charges.
Why Choose Served 123 LLC for Subpoena Domestication in Washington?
Successfully domesticating an out-of-state subpoena in Washington requires a thorough understanding of RCW § 5.51.010 and Washington Superior Court Civil Rule 45.
Served 123 LLC is commissioned to domesticate subpoenas that are fully enforceable. Our costs include:
The preparation of all necessary documents for a successful process (unless additional information is needed from you, which we will inform you of).
The filing fee to the state.
The delivery and retrieval of the subpoena from the court.
Prompt service of process.
Our expert team ensures accuracy at every step, so you can focus on your legal matters without unnecessary hurdles.
Consider Served 123 LLC for professional and efficient subpoena domestication services in Washington. Contact us today to get started!
