Under the Uniform Interstate Depositions and Discovery Act, a foreign subpoena is submitted to the superior court clerk in the county where discovery is conducted, and the clerk issues it. The Act requires no Washington attorney. Served 123 LLC handles the filing and service, one quote.
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Every Washington Order Includes
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Every Washington County
Served 123 LLC handles subpoena domestications in all 39 Washington counties. The county finder names the superior court clerk for the discovery county, and the directory lists each address. Any later motion about the subpoena is heard by that county’s superior court, under RCW 5.51.050.
Documents Subpoena
A records subpoena has its own timing: each party is served at least five days before the witness, and the witness has 14 days after service to object, or until the compliance time if that comes first, under CR 45(b)(2) and (c)(2)(B). Medical records add the steps set out below. Your written quote confirms the path, before you pay.
Washington Subpoena Domestication Order
One written quote covers document preparation, the clerk’s fees and service if ordered.
Under RCW 5.51.020, the foreign subpoena and its attestation go to a superior court clerk, who issues the Washington subpoena on it. Each row of the table carries its statute or rule, and the numbered stops show who does what, in order.
| Point | Washington | Statute or Rule |
|---|---|---|
| Law | The Uniform Interstate Depositions and Discovery Act, chapter 5.51 RCW | Chapter 5.51 RCW |
| Venue | The county where the deposition or production takes place | RCW 5.51.020(1)(a) |
| Attestation | Under penalty of perjury, on any protected health care material sought | RCW 5.51.020(1)(b) |
| Who Issues | The clerk, promptly, under that court’s procedure; a protected health care request goes to the court | RCW 5.51.020(2), (4) |
| Local Attorney | None named; the request is not an appearance | RCW 5.51.020(1)(a) |
| Fee | Set under that court’s procedure; stated in your written quote | RCW 5.51.020(2) |
| Service | Any suitable person over 18, in hand or at the witness’s home | RCW 5.51.030; CR 45(b)(1) |
| Witness Fee | The superior court juror rate per day and per mile, on demand at service | RCW 2.40.010; 2.40.020 |
| Records Notice | Served on each party at least 5 days before the witness | CR 45(b)(2) |
| Objections | To records or inspection, in writing, within 14 days after service, or by the compliance time if sooner | CR 45(c)(2)(B) |
| Motions | In the superior court of the discovery county, on the grounds in CR 45(c)(4) | RCW 5.51.050; CR 45(c)(4) |
Your subpoena comes to us with the witness, the discovery county and the counsel list, and your written quote sets out the steps before you pay.
We prepare the Washington subpoena on the foreign terms with every counsel’s contact details, and the attestation for your signature.
Issues the Washington subpoena under that court’s procedure, or presents a protected health care request to the court.
Your side serves each party with a records subpoena at least five days before the witness, or gives written notice of a deposition.
Our server delivers a copy to the witness, with the day’s fee and mileage advanced when the witness demands it.
The server’s signed proof of service comes back to you.
Under CR 45(c)(2)(B), a person commanded to produce documents or permit inspection may serve a written objection within 14 days after service of the subpoena, or before the time set for compliance if that is sooner. CR 6(a) leaves out the day of service, and a last day on a Saturday, Sunday or legal holiday moves to the next day that is none of those.
An earlier compliance time written in the subpoena controls instead.
A planning aid, not legal advice. It does not see a day the clerk’s office closes or a court order setting another time. If a date is close, ask counsel.
Washington adopted the Uniform Interstate Depositions and Discovery Act in 2012 as chapter 5.51 RCW. The quotations below are RCW 5.51.020: where the request goes, the attestation it carries, who issues it and what the Washington subpoena must contain.
a party must submit a foreign subpoena to a clerk of court in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under this chapter does not constitute an appearance in the courts of Washington state.
Served 123 LLC prepares the Washington subpoena and the attestation, and handles the clerk step.
Get a Free Quote Online →must include an attestation, made under penalty of perjury, stating whether the subpoena seeks documents, information, or testimony related to the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services as defined in RCW 7.115.010 that are lawful in the state of Washington
Except as provided in subsection (4) of this section, when a party submits a foreign subpoena to a clerk of court in this state, the clerk, in accordance with that court's procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
(a) Incorporate the terms used in the foreign subpoena; and (b) Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
Official texts: RCW 5.51.010, 5.51.020, 5.51.030, 5.51.040, 5.51.050, 5.51.900 and 5.51.902; RCW 1.16.050, 2.36.150, 2.40.010, 2.40.020, 5.56.010, 5.60.060, 7.115.010 and 70.02.060; CR 6, CR 30 and CR 45; 45 C.F.R. § 164.512. General information, not legal advice. The official text controls.
Served 123 LLC prepares the papers under the Act, and your written quote confirms the steps, before you pay.
Get a Free Quote Online →These cards cover who may serve, the proof, deposition notice, the fee and mileage owed, where a witness can be made to appear, remote depositions and where a motion goes. For a complaint or other court papers, see process service in Washington.
RCW 5.51.030 reads: “A subpoena issued by a clerk of court under RCW 5.51.020 must be served in compliance with superior court civil rule (CR) 45.” Under CR 45(b)(1), which sets the method, “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.”
RCW 5.51.030; CR 45(b)(1)CR 30(b)(1) reads: “A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing of not less than 5 days pursuant to CR 6 to every other party to the action and to the deponent, if not a party or a managing agent of a party.” It adds: “If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced as set forth in the subpoena shall be attached to or included in the notice.”
CR 30(b)(1)The server, not the clerk, signs this proof. CR 45(b)(1) reads: “When service is made by any person other than an officer authorized to serve process, proof of service shall be made by affidavit.” The proof of service on the CR 45 form closes: “I declare under penalty of perjury under the laws of the State of Washington that the foregoing information contained in the Proof of Service is true and correct.”
CR 45(b)(1), (h)CR 45(a)(2) reads: “A subpoena for attendance at a deposition shall state the method for recording the testimony and whether the deposition will be conducted in person or by remote means.” Under CR 45(c)(3), “if the person commanded to appear by remote means does not have adequate access to the necessary technology, they shall notify the issuing officer in writing within 5 days of receiving the subpoena.”
CR 45(a)(2), (c)(3)RCW 2.40.010 reads: “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.” Under RCW 2.36.150, jurors are paid “besides mileage at the rate determined under RCW 43.03.060”, and “petit jurors may receive up to twenty-five dollars but in no case less than ten dollars”. Each county sets the figure: “the expense payments paid to jurors shall be determined by the county legislative authority and shall be uniformly applied within the county.”
RCW 2.40.010; 2.36.150CR 45(e)(2) reads: “A resident of the state may be required to attend an examination, produce documents, or permit inspection only in the county where the person resides or is employed or transacts business in person, or at such other convenient place as is fixed by an order of the court. A nonresident of the state may be required to attend an examination, produce documents, or permit inspection only in the county where the person is served with a subpoena, or within 40 miles from the place of service, or at such other convenient place as is fixed by an order of the court.”
CR 45(e)(2)RCW 5.56.010 reads: “No such person shall be compelled to attend as a witness in any civil action or proceeding unless the fees are paid or tendered to such person which are allowed by law for one day's attendance as a witness”
RCW 5.56.010CR 45(c)(1) reads: “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.”
CR 45(c)(1)CR 45(e)(1) points elsewhere: “[Reserved. See RCW 2.40.020.]” That statute reads: “Witnesses in civil cases shall be entitled to receive, upon demand, their fees for one day's attendance, together with mileage going to the place where they are required to attend, if such demand is made to the officer or person serving the subpoena at the time of service.”
CR 45(e)(1); RCW 2.40.020A motion about the Washington subpoena stays in Washington. RCW 5.51.050 reads: “An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under RCW 5.51.020 must comply with the rules or statutes of Washington state and be submitted to the court in the county in which discovery is to be conducted.”
RCW 5.51.050CR 45(c)(4)(A) reads: “On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it: (i) fails to allow reasonable time for compliance;” “(ii) fails to comply with RCW 5.56.010 or subsection (e)(2) of this rule;” “(iii) requires disclosure of privileged or other protected matter and no exception or waiver applies;” The fourth ground is a subpoena that “subjects a person to undue burden”.
CR 45(c)(4)(A)CR 45(g) reads: “Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued.” It adds: “An adequate cause for failure to obey exists when a subpoena purports to require a nonparty to attend a deposition, produce documents, or permit inspection at a place not within the limits provided by subsection (e)(2).”
CR 45(g)Served 123 LLC handles the service, any fee the witness demands and the signed proof of service.
Get a Free Quote Online →These cards follow a records subpoena from notice to the parties through objections, production and privilege, then the medical-records notice and the court review for protected health care.
A subpoena for documents or inspection issued “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 (5) 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.”
CR 45(b)(2)A claim of privilege or trial preparation protection has two parts. Under CR 45(d)(2)(A), “when information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim shall be made expressly”, and it “shall be 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.”
CR 45(d)(2)(A)A person told to produce documents or permit inspection “need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial.”
CR 45(c)(2)(A)A person producing documents “shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand.”
CR 45(d)(1)The person served may, “within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena written objection”. CR 45(c)(2)(B) goes on: “If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials or inspect the premises except pursuant to an order of the court by which the subpoena was issued.”
CR 45(c)(2)(B)Under RCW 70.02.060(1), “before service of a discovery request or compulsory process on a health care provider for health care information, an attorney shall provide advance notice to the health care provider and the patient or the patient's attorney involved through service of process or first-class mail”. The protective order date it names must “in no event be less than fourteen days since the date of service or delivery to the patient and the health care provider of the foregoing.”
RCW 70.02.060(1)RCW 70.02.060(2) reads: “Without the written consent of the patient, the health care provider may not disclose the health care information sought under subsection (1) of this section if the requestor has not complied with the requirements of subsection (1) of this section.”
RCW 70.02.060(2)Under RCW 5.60.060(4), a physician or surgeon “shall not, without the consent of his or her patient, be examined in a civil action as to any information acquired in attending such patient, which was necessary to enable him or her to prescribe or act for the patient”.
RCW 5.60.060(4)RCW 5.51.020(4) opens: “If a party submits a foreign subpoena to a clerk of court in this state that seeks documents, information, or testimony that relate to protected health care services, as defined in RCW 7.115.010”. In that case, “the clerk shall not issue a subpoena for service and shall present the request to the court for action”.
RCW 5.51.020(4)Once the clerk passes the request up, subsection (4) continues: “The court shall review the foreign subpoena and shall not issue a subpoena for service and shall quash any existing subpoena issued by the court if the subpoena is for documents, information, or testimony that relates to protected health care services as defined in RCW 7.115.010”
RCW 5.51.020(4)The court acts that way “unless the subpoena seeks documents, information, or testimony related to:” “(a) An out-of-state action that is founded in tort, contract, or statute, for which a similar claim would exist under the laws of this state, that is brought by a person or the person's authorized legal representative, for damages suffered by the person or damages derived from an individual's loss of consortium of the person;”
RCW 5.51.020(4)(a)Health records answer to federal privacy law as well. Where a judge has signed an order, the covered entity “discloses only the protected health information expressly authorized by such order”. Without one, the Washington subpoena must meet the terms for disclosure “in response to a subpoena, discovery request, or other lawful process, that is not accompanied by an order of a court or administrative tribunal”.
45 C.F.R. § 164.512(e)(1)(i)-(ii)The other exception reaches a subpoena related to: “(b) An out-of-state action that is founded in contract, and for which a similar claim would exist under the laws of this state, that is brought or sought to be enforced by a party with a contractual relationship with the person that is the subject of the subpoena.”
RCW 5.51.020(4)(b)The attestation and the court review both turn on one definition. RCW 7.115.010 reads: “"Protected health care services" means gender-affirming treatment and reproductive health care services that are lawful in the state of Washington.”
RCW 7.115.010For a records request, we prepare the papers under the Act, and your written quote confirms the steps, before you pay.
Get a Free Quote Online →Each of these points comes from a Washington statute or rule. Most sit in the attestation, the party notices or the county choice.
Before service, we compare the papers we prepare with the rules and raise anything that needs your input.
The foreign subpoena goes to the clerk of court in the county where discovery is sought to be conducted. Type a town, city or ZIP code to find the county.
The Washington Courts county court directory lists each county clerk’s office.
A witness just over a state line falls under that state’s route instead. “No” reflects each state’s own rule text; “Check” means the filing rules for an out-of-state requester need confirming first.
| State | Act Adopted | Local Attorney Required by the Act | Who Issues |
|---|---|---|---|
| Washington | Chapter 5.51 RCW (2012 c 95, amended 2023) | No | Superior court clerk, discovery county |
| Idaho | I.R.C.P. 45(j), a court rule effective July 1, 2009 (current text July 1, 2016) | No | Clerk of court, discovery county |
| Oregon | ORCP 38 C (amended 2010, 2013 and 2018) | Check | Clerk of court, discovery county |
Each answer cites a Washington statute or rule. For questions that apply in every state, see our Subpoena Domestication FAQ. General information, not legal advice.
The clerk serving the county in which the deposition, production or inspection will take place, under the Act at RCW 5.51.020(1)(a). That place is not always the witness’s home county, and Civil Rule 45(e)(2) separately limits where a witness can be made to attend. See the county directory for each clerk’s office and the statute section.
No. Under the Act, RCW 5.51.020(1)(a), a request for issuance is not an appearance in Washington courts, and the section names no local lawyer for that step. The out-of-state party submits the foreign subpoena with the sworn attestation and the counsel list the Act calls for. See the statute section for the appearance sentence.
A sworn yes or no, signed on penalty of perjury, that the Act at RCW 5.51.020(1)(b) makes part of every request. It tells the clerk whether the subpoena seeks material connected to protected health care services lawful in Washington, meaning gender-affirming treatment and reproductive health care as RCW 7.115.010 defines them. That answer decides whether the clerk or a judge acts next. See the statute section.
When it touches protected health care services. The Act, RCW 5.51.020(4), then has the clerk hold off and pass the request to the court, which declines it unless a damages or contract exception fits. A request without that link stays with the clerk. See the protected care cards for both steps and the two exceptions in full.
Contact details for everyone in the case. The Act, RCW 5.51.020(3), adds the name, address and phone number of each counsel of record and of any party without a lawyer. Civil Rule 45(a)(1) adds the usual caption and a printed copy of the rule’s protections in its subsections (c) and (d). See the statute section.
Yes. Anyone suitable who is over 18 may do it. The Act, RCW 5.51.030, sends service to Civil Rule 45, and Rule 45(b)(1) allows delivery to the witness in person, or a copy left at the witness’s usual home with a resident of suitable age and discretion. Our server reports each attempt and returns signed proof. See the serving card.
A signed affidavit or declaration from the server. Civil Rule 45(b)(1) calls for an affidavit when someone other than an authorized officer serves, and the proof form in Rule 45(h) ends with a declaration under penalty of perjury. That signed page is what you receive once service is done. See the proof card.
Every party, and the deponent too when the deponent is neither a party nor a party’s managing agent. Civil Rule 30(b)(1) requires written notice at least five days ahead, with the days counted under Civil Rule 6, and a records list in the subpoena travels with that notice. See the deposition notice card.
Not without a court order. Under Civil Rule 45(e)(2), a Washington resident attends only in the county of residence, employment or in-person business, and a nonresident only in the county of service or within 40 miles of where service happened. A court order can fix another convenient place. See the place card.
Yes. Civil Rule 45(a)(2) has a deposition subpoena state how the testimony will be recorded and whether the witness appears in person or by remote means. A remote deposition subpoena still comes from the clerk and is served like any other, as the Act provides in RCW 5.51.030. See the remote depositions card.
By the superior court juror rate, which varies by county. Under the statute, RCW 2.40.010, witnesses get what those jurors get per day and per mile, and RCW 2.36.150 lets each county fix the petit juror amount between ten and twenty-five dollars, plus mileage at the state rate. See the witness fee card.
Only if the witness asks then. Under the statute, RCW 2.40.020, a civil witness may demand one day’s fee and mileage from the person serving, at the time of service. Trial is stricter: RCW 5.56.010 bars compelling attendance until that day’s fee is paid or tendered. See the tender card and the trial card for each rule’s exact wording.
It must be written, and it goes to the party or attorney the subpoena designates. Civil Rule 45(c)(2)(B) gives the person served that route against producing documents or allowing an inspection, and a person told only to produce need not also appear, under Rule 45(c)(2)(A). See the objection card for the rule as written.
The discovery county’s superior court, not the court hearing the main case. The Act, RCW 5.51.050, sends a protective order request or a motion to enforce, quash or modify there, under Washington’s own rules and statutes. Civil Rule 45(c)(4)(A) then lists when that court must quash or modify. Both the venue sentence and those grounds appear in the service section.
Only once the notice rule is met. The statute, RCW 70.02.060(2), bars disclosure without the patient’s written consent when the requester skipped the notice to the provider and the patient in subsection (1). A doctor called as a witness has a privilege of its own as well, found in RCW 5.60.060(4). Both appear on the consent card and the one beside it.
Fourteen days after a records subpoena is served, unless the compliance date it sets comes first. That window belongs only to someone told to hand over records or allow an inspection, under Civil Rule 45(c)(2)(B), as the objection card shows. A party serving the subpoena should calendar both dates from the first day. Enter the service date in the calculator to see the last day to object.
Five or more days before the witness, under Civil Rule 45(b)(2), unless the parties agree otherwise or the court sets another time for good cause. That head start lets any party object or seek protection before records change hands. See the records notice card for the exact text.
Because of the advance notice. Under the statute, RCW 70.02.060(1), the attorney first notifies the provider and the patient, naming a date to seek a protective order that falls fourteen or more days after the notice is served or delivered. Only then is the subpoena served on the provider. See the medical notice card.
No. The written quote you approve before paying carries it in one total with preparing the papers and serving them. The Act, RCW 5.51.020(2), has the clerk issue under that court’s own procedure, so the figure depends on the discovery county your quote names. The route section walks through each step, from your papers to the signed proof.
The out-of-state subpoena, the witness’s name and address, the discovery county and every counsel’s contact details, which the Act puts in the Washington subpoena at RCW 5.51.020(3). Say whether we should also serve it; on a service order, RCW 2.40.020 lets the witness demand that day’s fee and mileage at that moment. Use the order form to send them, or see the statute section.
One written quote covers document preparation, the clerk’s fees and service if ordered.
