Subpoena witnesses and documents
Form and instructions if you're going to a hearing or trial where you'll be giving evidence and you need to make sure that a witness shows up or brings documents or other items.
1. Fast facts
In Washington State courts, both judges and commissioners can issue subpoenas and hold hearings and trials. To make things simpler here, we just say “judge.”
You may be able to use subpoenas for either a trial or, if the judge allows it, a hearing. To make things simpler here, we mostly just say “trial.”
What is a subpoena?
The word is Latin and means “under penalty.” This court form, signed by a judge, orders someone to come to court to testify or bring evidence. To get someone to testify, you use a regular subpoena. To get someone to bring papers or other items to a trial, you use a "subpoena duces tecum." Subpoena duces tecum is Latin and means "bring with you under penalty." Our forms work for both types of subpoenas.
Does it cost to subpoena witnesses and documents?
The clerk’s office will charge you a fee around $20 to issue a subpoena. You can ask a judge to waive the fee if you can’t afford it
If you use the sheriff or other professional server, they’ll charge you for the service. Ask them how much before hiring them. You can also have an adult friend or relative serve the subpoena on the witness.
If you ask a witness to bring documents or other evidence, the witness can ask to be reimbursed for the reasonable cost of getting and copying what you asked for.
What is a witness fee?
Some witnesses can ask for a fee for going to the trial. "Expert” witnesses such as counselors, doctors, or therapists may require you to pay them at their usual hourly rate to testify. You must negotiate this with them ahead of time.
What about witnesses who live farther away?
You must pay to subpoena a witness who lives outside the county or more than 20 miles from the trial. Depending on the judge and the situation, this could include an allowance for the witness’s meals, lodging, and travel expenses.
How do I get the witness to bring the right papers or documents?
Check the box for “Subpoena Duces Tecum” on the subpoena form and list the specific items you want the witness to bring. Be as specific as you can. For example: You want the witness to bring a letter. In the subpoena duces tecum, put the names of the people who sent and received the letter, and the date of the letter.
If you don’t know the specific names of what you need, or to make sure you get everything you want, put something like "and all other documents concerning ____________." Put the name of and the event you want the documents for.
What if the witness doesn’t obey the subpoena?
A witness who doesn’t come to trial or bring subpoenaed items without good excuse could face a fine and/or jail time. In this situation, you should give the judge the original subpoena form and proof of service. After the trial ends, file the original subpoenas and proof of service with the court clerk.