Legal Question in Civil Litigation in Washington

Re: Subpeona in civil trial

Probably, depending on how it was served on you.

For starters, a subpoena can normally be issued by the party's attorney. The process server must be 18 or over, and if he does not personally give (or read) it to you, he may leave it (only) at your home with a person of suitable age. CR 45(c) (Superior Court); CRLJ 45(c) (District Court)

Few people know that mileage fees to court and one day's witness fees must be provided upon demand to the server at the time of service. RCW 2.40.020 http://apps.leg.wa.gov/RCW/default.aspx?cite=2.40.020

More importantly RCW 5.56.010

http://apps.leg.wa.gov/RCW/default.aspx?cite=5.56.010 says you can only be compelled to attend if they follow the right procedure.

IF you live in the county where court is located, or if you are less than twenty miles from the court you can not be compelled to attend "unless the fees be paid or tendered him which are allowed by law for one day's attendance as a witness and for traveling to and returning from the place where he is required to attend" PROVIDED you demand the fees at the time of service.

IF you live outside the county of the hearing or more than 20 miles from the court, the subpoena shall be issued by the judge rather than the attorney shall issue the subpoena and may set an amount for meals and lodging together with any necessary travel expenses. In this case you don't have to demand the fees--they must be written on the subpoena and tendered at the time of service.

Thus, if the above requirements are not met, you do not need to obey the subpoena.

Re: Subpeona in civil trial

No. A subpoena to appear for trial is a command performance. If you don't show up the court can find you in contempt for failing to obey a lawful court order and put you in jail. You need to be there as directed by the summons.

Once you get there, you are sworn to tell the truth. So, tell the truth. If the truth is not -precisely- what the attorney who issued the subpoena had in mind, shame on the attorney, not you.

You are entitled to $10 per day as witness fees for showing up. Be sure to demand it.

Elizabeth Powell