{"id":632,"date":"2018-01-29T08:40:15","date_gmt":"2018-01-29T00:40:15","guid":{"rendered":"http:\/\/trainingpips.com\/?page_id=632"},"modified":"2018-12-20T13:11:44","modified_gmt":"2018-12-20T21:11:44","slug":"ps-101-chapter-6-article-2-service-of-the-subpoena","status":"publish","type":"page","link":"https:\/\/www.trainingpips.com\/index.php\/ps-101-a-course-outline\/ps-101-chapter-6-chapter-outline-service-of-other-documents-2\/ps-101-chapter-6-article-2-service-of-the-subpoena\/","title":{"rendered":"PS 101 – Chapter 6 – Article 2 – Service of the Subpoena"},"content":{"rendered":"

The word “subpoena” is Latin for “under penalty” which is an apt description of its purpose. A subpoena is used to require a person<\/a> to be at a specified place at a specified time for a specified purpose. Failure to comply with the commands contained in the subpoena may<\/a> subject the person<\/a> being subpoenaed to a criminal charge<\/a> of contempt of court. The penalty involved with such a finding<\/a> may<\/a> well involve arrest, jail, and a monetary penalty.<\/span><\/p>\n

RCW 5.56.060 Result of failure to attend.
\nIf any person<\/a> duly served with a subpoena and obliged to attend as a witness, shall fail to do so, without any reasonable<\/a> excuse, he shall be liable<\/a> to the aggrieved party<\/a> for all damages<\/a> occasioned by such failure, to be recovered in a civil<\/a> action<\/a>.<\/em><\/span><\/p>\n

RCW 5.56.061 Failure to attend considered contempt of court.
\nA failure to attend as required by the subpoena, shall also be considered a contempt of court as provided in chapter 7.21 RCW.<\/em><\/span><\/p>\n

RCW 5.56.070 Attachment of witness.
\nThe court, judge<\/a>, or other officer, in such case<\/a>, may<\/a> issue an attachment to bring such witness before them to answer<\/a> for contempt, and also testify as witness in the cause<\/a> in which he or she was subpoenaed.<\/em><\/span><\/p>\n

Service is primarily controlled by:<\/span><\/p>\n

CR-45(c)
\n<\/em>Service. A subpoena may<\/a> be served by any suitable person<\/a> over 18 years of age, by exhibiting and reading it to the witness, or by giving him a copy thereof, or by leaving such copy at the place of his abode. When service is made by any other person<\/a> than an officer authorized to serve process, proof of service shall be made by affidavit<\/a>.<\/em><\/span><\/p>\n

The phrase “A subpoena may<\/a> be served by any suitable person<\/a> over 18 years of age”<\/em> is interesting in that no definition of “suitable person<\/a>” is provided. That said, you should review the lesson entitled Who May Serve Legal Process in the State of Washington<\/a> found elsewhere in this course. Briefly the basic requirements can be outlined as follows:<\/span><\/p>\n