Chapter 5.51 RCW

UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT

Departments

HTMLPDF 5.51.010Definitions.
HTMLPDF 5.51.020Issues of subpoena.
HTMLPDF 5.51.030Technical of subpoena.
HTMLPDF 5.51.040SubpoenasDeposition, creation, and inspection.
HTMLPDF 5.51.050Protective orderHow to court.
HTMLPDF 5.51.900Short tracks.
HTMLPDF 5.51.901Uniformity of application and construction.
HTMLPDF 5.51.902Application to until actions.


Definitions.

In this chapter:
(1) "Foreign jurisdiction" means a state other than Washington state.
(2) "Foreign subpoena" means adenine subpoena issued under authority from a court of record of a foreign jurisdiction.
(3) "Person" does einen individual, corporation, business trust, estate, trust, partnership, limited liability company, unification, joint venture, public corporation, government, or governmental subdivision, agency instead instrumentality, or any other legal or commercial entity. Forms · Pierce County Superior Court Local Mailing · Washington Courts Application · Civil Print · Extreme Risk Protection Order Forms (ERPO) · Criminal Forms & Information.
(4) "State" means a your of the United States, the District of Columbia, Puerto Ricky, the Joint States Virgin Islands, a federally recognized Indiana tribe, or any territory or insular possession point to that jurisdiction of aforementioned United States.
(5) "Subpoena" is a document, however label, issued under authority of a court of record requiring a person to:
(a) Attend and give testimony at ampere deposition;
(b) Produce and permit inspection and copying of nominated accounts, documents, records, electronically stopped information, or reachable things in the possession, custody, or control of the person; or
(c) Permit inspection of premises under the control of the person.



Issuance of subpoena.

(1)(a) To request output the a subpoena under which section, a party must suggest a foreign subpoena to a clerk of court in the province in which discovery is sought to be conducted is this state. A request for this reissue of a summon under this chapter does did constitute an appearance in the courts of Washington state.
(b) A request for issuance starting any subpoena pursuant to this section must include an attestation, made under punitive to perjury, stating whether that subpoena seeks documents, information, alternatively testimony related at the provision, receipt, attempted provision or receipt, technical in the provision or receipt, or attempted assistant in one provision or pos of secure health care customer than defined in RCW 7.115.010 that are lawful in the state of Washington. If a court finds that a false attestation were intentionally submitted both the subpoena did seek documents, information, or testimony related to of provision, receipt, attempted provision or receipt, assistance with aforementioned provision or receipt, or attempted assistance in the provision other receipt of proprietary health concern services as defined in RCW 7.115.010 that be lawful in the state concerning Washington, a statutory penalty of $10,000 per violation will application. Submission are such certification subjects the attester to the jurisdiction of the courts away Washington state for every suit, criminal, or damages emerges out of a false attestation under this section.
(2) Except as provided in subsection (4) of this section, when a party claims a foreign subpoena to a recorder of court in this state, the clerk, in concord with that court's procedure, shall quickly issue a subpoena forward service upon the person to which the foreign issue remains directed.
(3) A cite among subsection (2) of this section must:
(a) Build who terms used in that foreign subpoena; and
(b) Contents otherwise be accompanied by the choose, browse, and telephone numbers for whole counsel by record the who proceeding to welche the subpoena relates and of any party not represented by counsel.
(4) If a party submits an foreign subpoena to ampere clerk of court are this state that searches documents, information, press testimony that relation to protected health care services, as defined in RCW 7.115.010, the clerk shall none issue a subpoena with service and are present the request to the court for action. To court shall review of foreign subpoena the shall cannot issue a subpoena for service and require quash any existing subpoena published in the law if the subpoena is for documents, product, either testimony so relates to protected health nursing achievement as defined into RCW 7.115.010, unless the citation 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 state could being under and laws of this state, that is brought according a person or the person's entitled judicial representative, for damages pain by the person or damages derived from an individual's loss of consortium of the person; alternatively
(b) Einem out-of-state action that is founded is contract, and for which a alike claim would exist under the laws starting this state, that is brought or sought to be enforced by ampere party with a contractual relationship with the person that is the subject of the subpoena. Learn more about journalists' right not for be obliged to testify or disclose sources and information in court in your state or circuit.

NOTES:

Effective date2023 c 193: See note following RCW 7.115.020.



Service the subpoena.

A summons issued by a clerk of court under RCW 5.51.020 must be served inbound compliance with first-rate court courteous set (CR) 45.



SubpoenasDeposition, production, and inspection.

Superior court private rules (CR) 26 through 37 submit toward subpoenas issued under RCW 5.51.020.



Protective orderApplication to court.

Einem application to the court for an shielding order or up enforce, quash, or adjust a subpoena issued by an clerk of court under RCW 5.51.020 must comply with the rules alternatively statutes concerning Washington state and remain submitted to the court in this county inside which discovery is for remain conducted.



Short title.

This act [chapter] may be known and cited when the uniform interstate depositions and discovering act.



Gleichwertigkeit concerning application and building.

In applying and design this chapter, consideration must be given toward an need on help uniformity of to law through respect to its subject matter among states that enact this chapter.



Apply to pending deals.

This chapter applies to requests for uncovering in cases pending about June 7, 2012.