Washington State adopted the Uniform Interstate Depositions and Discovery Act in 2012, codified at RCW Chapter 5.51. To domesticate a foreign subpoena in Washington, an attorney or process server submits the foreign subpoena to a clerk of the superior court in the Washington county where discovery is sought. The clerk issues a Washington subpoena that incorporates the original subpoena’s terms. As of 2023, every submission must include a sworn attestation under penalty of perjury regarding protected health care services — false attestation triggers a $10,000 statutory penalty. Service follows CR 45 and deposition subpoenas require five days’ notice under CR 30(b)(1).
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Washington State is one of the 48 jurisdictions (including the District of Columbia) that have adopted the Uniform Interstate Depositions and Discovery Act. UIDDA states recognize a uniform clerk-issuance process for domesticating foreign subpoenas. As of June 2026, three states have not adopted UIDDA: Massachusetts, Missouri, and New Hampshire. Washington codified UIDDA at RCW Chapter 5.51, sections 5.51.010 through 5.51.060, originally enacted in 2012 (Laws of 2012, Chapter 95). The Act establishes a clerk-issuance procedure that lets attorneys obtain a Washington subpoena for service on Washington residents, witnesses, custodians, and premises without filing a separate Washington lawsuit or retaining local Washington counsel for routine issuance.
Washington’s UIDDA framework is procedurally typical for adopting states with one significant exception attorneys must understand before submitting any foreign subpoena to a Washington court clerk: the 2023 amendment to RCW 5.51.020 added a mandatory sworn attestation requirement regarding protected health care services. Effective for subpoenas submitted after the 2023 effective date, the requesting party must attest under penalty of perjury whether the subpoena seeks documents, information, or testimony related to reproductive or gender-affirming health care services as defined in RCW 7.115.010 that are lawful in Washington. False attestation carries a $10,000 statutory penalty per violation and subjects the attester to Washington jurisdiction. Out-of-state litigants and local counsel who routinely handle UIDDA procedures in other states will not encounter this attestation requirement anywhere else.
AUTHOR:Countrywide Process
Quick Answer — Washington UIDDA Subpoena Domestication
- Is UIDDA adopted in Washington?
Yes — since 2012, codified at RCW Chapter 5.51, the Uniform Interstate Depositions and Discovery Act in Washington.
- Who issues the subpoena?
A clerk of the Washington superior court in the county where discovery is sought to be conducted.
- Does the clerk receive and reissue the original subpoena?
Yes. The clerk receives the foreign subpoena and the Washington clerk reissues the subpoena under the authority of the Washington superior court, incorporating the original subpoena’s terms.
- Is requesting a subpoena under UIDDA an appearance?
No. RCW 5.51.020(1)(a) provides that requesting a subpoena under UIDDA does not constitute an appearance in Washington courts.
- Is local counsel required?
No, for routine issuance. Local Washington counsel is typically required only if a motion regarding the subpoena is filed in a Washington superior court.
- Is a special attestation required?
Yes — a sworn attestation regarding reproductive or gender-affirming health care services per RCW 5.51.020(1)(b). $10,000 penalty for false attestation.
- Where to file: The clerk of the Washington superior court in the county where the witness, custodian, or premises is located.
- Service rules: Washington Superior Court Civil Rule (CR) 45 — per RCW 5.51.030. Service can be made by anyone over eighteen who is not a party to the action; service by a non-officer requires an affidavit of service.
- Deposition notice rule: CR 30(b)(1) requires at least five days’ notice for deposition subpoenas, with twenty days for video-recorded depositions.
- Discovery conduct rules: Washington Superior Court Civil Rules CR 26 through CR 37 govern conduct of discovery after subpoena issuance.
- Typical timeline: UIDDA service typically takes 1 to 3 weeks from foreign subpoena submission to served local subpoena, depending on county processing time and service complexity.
Common Misconceptions About Washington UIDDA
Misconception: “Washington requires extensive experience with state laws and local counsel for any UIDDA filing.” Correct: No, for routine UIDDA issuance. Washington’s UIDDA framework was designed precisely to remove the need for local Washington counsel for the routine clerk-issuance phase. Out-of-state litigants can submit a foreign subpoena and the required protected-health-care attestation directly to a Washington superior court clerk. Local counsel becomes necessary only if litigation arises around the subpoena — a motion to quash, a motion to enforce, or judicial review under RCW 5.51.020(4) for subpoenas seeking protected-health-care-related discoverable materials. The 2023 attestation requirement does not change this default; it adds a sworn statement, not local counsel.
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Two related misconceptions worth addressing for attorneys obtaining discovery from Washington residents:
- “All UIDDA states have identical procedures.” Mostly true, but Washington is the exception. Rhode Island, Wyoming, Oregon, Idaho, and most other UIDDA states follow the standard ULC model with little state-specific variation. Washington added the 2023 protected-health-care attestation requirement that no other UIDDA jurisdiction has. Counsel reusing UIDDA submission templates across multiple states must build a Washington-specific variant.
- “Letter rogatory is still needed for Washington discovery.” Incorrect since 2012. Before UIDDA, obtaining out-of-state evidence required complex letters rogatory or a separate lawsuit. UIDDA in Washington replaced letters rogatory and miscellaneous-action filings for inter-state civil discovery. Letters rogatory are still used in some international discovery contexts, but not for state-to-state subpoena domestication within the United States.
Why Domestication of Foreign Subpoenas Is Required in Washington
Does an original subpoena from another state have force in Washington on its own?
No. An original subpoena issued by a court in the trial state has no legal authority over a Washington-located non-party until a Washington superior court clerk reissues the subpoena under RCW 5.51.020. Service of an undomesticated foreign subpoena in Washington is unenforceable, and serving it can expose counsel to potential challenges if the witness objects or if the subpoena later becomes the subject of a motion to enforce.
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Subpoena domestication is required because a court’s subpoena power does not extend across state lines. Subpoena domestication is required when a litigant needs to compel testimony or documents from a non-party in Washington — most commonly, when out-of-state litigants need to subpoena Washington residents or collect corporate records stored in the state. Before UIDDA, attorneys obtaining discovery from a Washington witness had to file a miscellaneous Washington action, often retain local counsel, and obtain the court’s commission to issue a subpoena. Improper UIDDA procedures can lead to quashed subpoenas, wasted time, and discovery delays. UIDDA replaces the older path with a single clerk submission and the issuance of a properly-authorized Washington subpoena.
Washington’s adoption of UIDDA in 2012 brought the state into alignment with the majority of U.S. jurisdictions; the 2023 protected-health-care attestation amendment is unique to Washington and reflects the state’s policy response to interstate discovery requests targeting healthcare services lawful under Washington law.
Washington's UIDDA Framework (RCW Chapter 5.51)
What does RCW Chapter 5.51 actually say?
RCW Chapter 5.51 tracks the standard ULC UIDDA model with one significant Washington-specific addition. RCW 5.51.020 governs subpoena issuance and includes the 2023 protected-health-care attestation requirement. RCW 5.51.030 requires service of subpoenas to comply with Washington Superior Court Civil Rule (CR) 45. RCW 5.51.040 applies CR 26 through CR 37 to the deposition, production, and inspection mechanics. RCW 5.51.050 directs all motions to quash, enforce, or modify a Washington UIDDA subpoena to the superior court for the county where discovery is being conducted.
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The chapter’s structural sections include:
- RCW 5.51.010 — Definitions. Defines “foreign jurisdiction,” “foreign subpoena,” “person,” “state,” and “subpoena” using the standard ULC model definitions, including all U.S. states and D.C. The definition of “subpoena” expressly includes electronically stored information and tangible discoverable materials.
- RCW 5.51.020 — Issuance of subpoena. The core mechanic: a party submits a foreign subpoena to a clerk of the superior court in the county where discovery is sought; the clerk receives the foreign subpoena and the Washington clerk reissues the subpoena under the authority of the Washington superior court, incorporating the original subpoena’s terms and including counsel-of-record contact information including telephone numbers and addresses. Includes the 2023 protected-health-care attestation requirement (subsection (1)(b)) and the corresponding judicial review for affected subpoenas (subsection (4)).
- RCW 5.51.030 — Service of subpoena. Service of subpoenas issued by a Washington court clerk must comply with Washington Superior Court Civil Rule (CR) 45.
- RCW 5.51.040 — Subpoenas — Deposition, production, and inspection. Washington Superior Court Civil Rules CR 26 through CR 37 apply to discovery conducted under a UIDDA-issued subpoena. CR 30(b)(1) specifically governs deposition notice timing.
- RCW 5.51.050 — Protective order — Application to court. Motions for protective orders, motions to quash, and motions to enforce or modify must comply with Washington law and be filed in the Washington superior court for the county where discovery is being conducted. If a motion regarding the subpoena is filed, local Washington counsel is typically required.
- RCW 5.51.060 / 5.51.900–.902 — Construction, short title, application. Standard ULC uniformity-of-construction language and short title.
The 2023 Protected Health Care Attestation Requirement
Important — Washington-specific compliance requirement. Every UIDDA subpoena submitted to a Washington clerk on or after the 2023 effective date must include a sworn attestation under penalty of perjury regarding reproductive or gender-affirming health care services. This requirement does not exist in any other UIDDA jurisdiction. Counsel who routinely handle interstate subpoena domestication in other states should not assume Washington follows the same submission packet.
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The 2023 amendment (Laws of 2023, Chapter 193) added two new operative provisions to RCW 5.51.020: a mandatory attestation in subsection (1)(b) and a judicial-review mechanism in subsection (4). The amendment was part of Washington’s broader shield-law framework codified at RCW Chapter 7.115, which protects against out-of-state legal actions targeting reproductive and gender-affirming health care services that are lawful in Washington.
What does the attestation require?
Under RCW 5.51.020(1)(b), every UIDDA subpoena submission to a Washington court clerk must include an attestation, made under penalty of perjury, stating whether the subpoena seeks documents, information, or testimony related to protected health care services as defined in RCW 7.115.010 that are lawful in Washington. Protected health care services include reproductive and gender-affirming health care services.
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What happens if the attestation is false?
If a Washington court finds that a false attestation was intentionally submitted and that the subpoena did in fact seek protected-health-care-related information, RCW 5.51.020(1)(b) imposes a statutory penalty of $10,000 per violation. Submitting the attestation also subjects the attester to the jurisdiction of Washington courts for any suit, penalty, or damages arising from the false attestation — meaning out-of-state counsel cannot avoid the consequences by claiming Washington lacks personal jurisdiction.
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What happens if the subpoena does seek protected health care information?
Under RCW 5.51.020(4), if a foreign subpoena seeks protected-health-care-related documents, information, or testimony, the Washington clerk forwards the subpoena to the court for review rather than issuing it administratively. The court will not issue the subpoena and must quash any existing subpoena unless the subpoena seeks information related to either an out-of-state action founded in tort, contract, or statute for which a similar claim would exist under Washington law and is brought by the affected person, or an out-of-state contract action brought by a party with a contractual relationship to the subpoena’s subject.
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UIDDA Procedures: How the Clerk Reissues the Subpoena
What is the UIDDA process for reissuing a foreign subpoena in Washington?
A party submits a foreign subpoena to a clerk of the superior court in the Washington county where discovery is sought. The clerk receives the foreign subpoena along with the protected-health-care attestation and the county’s filing fee. The Washington clerk reissues the subpoena under the authority of the Washington superior court, with the local subpoena incorporating all of the terms used in the original subpoena. The reissued Washington subpoena is then returned to the requesting party for service of the newly reissued Washington subpoena under state rules for service of subpoenas, namely CR 45.
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This procedure is what UIDDA accomplishes: it converts a foreign subpoena that has no authority in Washington into a Washington-court-issued subpoena that has the same enforceability as a subpoena originating in a Washington case, without requiring the requesting party to file a separate Washington lawsuit. The UIDDA process is fundamentally about authority transfer — the trial state’s underlying case remains in the trial state, but the discovery instrument acquires Washington court authority for purposes of service and enforcement within Washington.
Subpoena Form Requirements: Case Number, Court Name, and Counsel Information
What must Washington subpoenas include?
Washington subpoenas must include the case number and court name of the underlying trial-state action, the witness or custodian’s name and address, the date, time, and place of the deposition, document production, or premises inspection, and the names, addresses, and telephone numbers of all counsel of record and any party not represented by counsel. The Washington subpoena form is generated by the court clerk’s office incorporating the terms of the original subpoena.
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Most Washington counties use a standard subpoena form that the clerk completes from the information in the foreign subpoena submission. The requesting party does not separately draft a Washington-format subpoena — the clerk produces it. What the requesting party must provide is the foreign subpoena (which must itself be complete and properly executed in the trial state), the protected-health-care attestation, the counsel-of-record information including current telephone numbers and mailing addresses, and the filing fee.
Governing Washington Court Rules: CR 45, CR 30, and Service of Subpoenas
How is service of subpoenas accomplished in Washington?
Service of subpoenas reissued under UIDDA must comply with Washington Superior Court Civil Rule (CR) 45 per RCW 5.51.030. Subpoenas in Washington can be served by anyone over eighteen who is not a party to the action. Service of a subpoena requires an affidavit of service if not served by an officer of the court (such as a sheriff or marshal). The affidavit becomes the proof of service that is filed in the trial state’s case to establish that the subpoena was properly served.
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The Five-Day Notice Rule for Deposition Subpoenas (CR 30(b)(1))
How much notice must be given for a Washington deposition subpoena?
Washington requires five days’ notice for deposition subpoenas. CR 30(b)(1) provides that a party desiring to take a deposition upon oral examination shall give reasonable notice in writing of not less than five days, pursuant to CR 6, to every other party to the action and to the deponent. For video-recorded depositions, CR 30(b)(8) extends the notice period to at least twenty days before the deposition date. Failure to give 5 days’ notice may be grounds for sanctions in favor of the deponent.
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The five-day notice rule is one of Washington’s specific civil-procedure requirements that out-of-state litigants frequently miss. The notice clock runs from the date the deposition notice is served, not from the date the subpoena is issued or served on the deponent. Counsel arranging Washington depositions should plan the notice timing to satisfy both CR 30(b)(1) and the local court’s any other applicable deadlines. For complex matters or video-recorded depositions, the twenty-day notice under CR 30(b)(8) is the controlling timing.
Step-by-Step — How to Domesticate in Washington
The standard UIDDA-domestication workflow in Washington follows seven steps. Note that step 3 — the protected-health-care attestation — is unique to Washington and must not be omitted.
- Issue and finalize the original subpoena in the trial state. Before approaching Washington, ensure the trial-state subpoena is fully issued under the trial state’s rules — signed by counsel of record or by the trial court clerk as applicable, properly captioned, with the deposition or production scope clearly defined. Washington will incorporate the original subpoena’s terms verbatim under RCW 5.51.020(3); ambiguity in the original propagates to the reissued Washington subpoena.
- Identify the correct Washington county. Determine the Washington county where the witness, custodian, or premises is located. RCW 5.51.020(1)(a) requires submission to the superior court clerk in the county where discovery is sought. If discovery sites span multiple counties, separate clerk filings are needed in each county.
- Prepare the protected-health-care attestation. Draft the sworn attestation required by RCW 5.51.020(1)(b), under penalty of perjury, stating whether the subpoena seeks information related to protected health care services as defined in RCW 7.115.010 that are lawful in Washington. For ordinary civil matters that do not touch healthcare topics, the attestation states the subpoena does NOT seek such information. The attestation must be signed by the requesting party (typically counsel of record).
- Submit the foreign subpoena and attestation to the Washington court clerk. Submit to the Washington superior court clerk for the identified county. Include counsel-of-record information for all parties (names, addresses, telephone numbers) and any party not represented by counsel — RCW 5.51.020(3)(b).
- Receive the reissued Washington subpoena from the clerk. If the subpoena does not seek protected-health-care-related information, the clerk shall promptly issue the Washington subpoena under RCW 5.51.020(2). The Washington clerk reissues the subpoena under the authority of the Washington superior court, incorporating the original subpoena’s terms. If the subpoena does seek the protected information and counsel has attested accordingly, the matter routes to judicial review under RCW 5.51.020(4).
- Plan deposition timing under CR 30(b)(1) five-day notice rule. For deposition subpoenas, ensure that the deposition notice is served at least five days before the deposition date per CR 30(b)(1). For video-recorded depositions, plan for twenty days under CR 30(b)(8). The notice clock runs from notice service, not subpoena service.
- Serve the Washington subpoena per CR 45. Engage a process server or any person over eighteen who is not a party to the action. Service of a subpoena requires an affidavit of service if not served by an officer. Service must comply with Washington Superior Court Civil Rule 45, including any witness fee tender for personal-appearance subpoenas.
Pro tip — from the field. Out-of-state counsel new to Washington UIDDA practice frequently miss the protected-health-care attestation requirement on the first submission — the requirement does not exist in any other state’s UIDDA framework, so it is easy to skip when using a multi-state UIDDA submission template. Washington clerks routinely reject submissions that omit the attestation. Build the attestation into the firm’s Washington-specific submission template; do not rely on a generic UIDDA cover sheet that worked in California, Oregon, or Idaho.
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Filing Fee and Where to File
How much does Washington UIDDA subpoena domestication cost?
Washington superior court clerks charge a filing fee for UIDDA-domestication submissions; fees vary by county. Attorneys should plan on a filing fee in the range of $30 to $50 in most counties as of 2026, plus any per-page copying or certification surcharges. King County (Seattle) and Pierce County (Tacoma) charge at the higher end. Confirm the current fee with the destination county’s superior court clerk before submission. UIDDA service typically takes 1-3 weeks from foreign subpoena submission to served local subpoena.
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Washington has 39 counties, each with its own superior court. The largest by population and discovery volume are King (Seattle), Pierce (Tacoma), Snohomish (Everett), Spokane, and Clark (Vancouver). Most out-of-state UIDDA work flows to these five counties. For witnesses or custodians located in eastern Washington or in less-populated western counties, allow additional time for clerk processing; rural counties may handle UIDDA filings less frequently and may require a phone call to confirm submission requirements before sending the package.
Washington UIDDA Comparison Table
| Topic |
Washington UIDDA Rule |
| Governing Law |
RCW Chapter 5.51 (Uniform Interstate Depositions and Discovery Act), originally enacted 2012, amended 2023 |
| Issuing Authority |
Clerk of the Washington superior court in the county where discovery is sought |
| Washington Court Reissues Original Subpoena |
Yes — the Washington clerk reissues the subpoena under the authority of the Washington superior court, incorporating the original subpoena’s terms |
| Judicial Review for Issuance |
Not required for routine subpoenas. Required for subpoenas seeking protected-health-care-related information per RCW 5.51.020(4). |
| UIDDA Appearance |
No — requesting a subpoena under UIDDA does not constitute an appearance in Washington courts (RCW 5.51.020(1)(a)) |
| Local Counsel Required |
No, for routine issuance. If a motion regarding the subpoena is filed, local Washington counsel is typically required. |
| Special Attestation Required |
Yes — sworn protected-health-care (reproductive/gender-affirming) attestation under penalty of perjury, with a $10,000 statutory penalty for false attestation (RCW 5.51.020(1)(b)) |
| Required Subpoena Content |
Case number, court name, witness/custodian name and address, date, time, place, counsel-of-record names, telephone numbers, and mailing addresses |
| Filing Fee |
Varies by county; approximately $30–$50 in most counties |
| Who Can Serve |
Anyone over eighteen who is not a party to the action; service by a non-officer requires an affidavit of service per CR 45 |
| Deposition Notice Timing |
Five days minimum under CR 30(b)(1); twenty days for video-recorded depositions under CR 30(b)(8) |
| Service Rules |
Washington Superior Court Civil Rule (CR) 45 — per RCW 5.51.030 |
| Discovery Conduct Rules |
Washington Superior Court Civil Rules CR 26 through CR 37 — per RCW 5.51.040 |
| Motion Venue |
Washington superior court for the county where discovery is conducted — per RCW 5.51.050 |
| Typical Timeline |
UIDDA service typically takes 1 to 3 weeks from foreign subpoena submission to served local subpoena |
Types of Subpoenas That May Be Domesticated
What kinds of subpoenas can be domesticated under RCW 5.51?
RCW 5.51.010 defines “subpoena” broadly to cover any document issued under the authority of a court of record requiring a person to attend and give testimony at a deposition, to produce and permit inspection of designated books, documents, electronically stored information, or tangible things, or to permit inspection of premises under the person’s control. All three categories of UIDDA-eligible subpoenas are available in Washington, subject to the protected-health-care provisions of RCW 5.51.020.
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- Deposition testimony subpoenas compel a Washington-located witness to appear and give testimony at a deposition. The most common UIDDA use in commercial litigation, family law (subject to protected-health-care provisions where applicable), probate, and employment matters. Subject to the five-day notice rule under CR 30(b)(1).
- Document and ESI production subpoenas compel custodians of records to produce designated books, documents, electronically stored information, or tangible discoverable materials. Frequently used to obtain employment records, financial records, healthcare records (subject to HIPAA and RCW 5.51.020(4)), corporate records, and electronically stored business communications.
- Premises inspection subpoenas compel the person in control of premises to permit inspection. Used in cases requiring on-site review — construction defect, premises liability, environmental matters, real estate, or any case where the physical condition of a Washington property is in dispute.
Service of Subpoenas by Process Server: Who Can Serve in Washington
Who can serve a Washington subpoena?
Subpoenas in Washington can be served by anyone over eighteen who is not a party to the action. Service of a subpoena requires an affidavit of service if not served by an officer (such as a sheriff or marshal). Many out-of-state attorneys retain a Washington process server with extensive experience in UIDDA service to ensure timing and proof-of-service compliance with Washington court rules. Washington does not maintain a state process-server licensing scheme but professional process servers maintain malpractice insurance and standardized affidavit-of-service forms recognized by Washington courts.
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Three practical considerations for service in Washington:
- Affidavit of service. When a non-officer serves the subpoena, the server must execute an affidavit of service establishing the time, place, and manner of service. This affidavit travels back to the trial state’s case as proof of valid service.
- Witness fee tender. For personal-appearance subpoenas (deposition testimony, trial testimony), counsel should tender the applicable witness fee at the time of service per CR 45’s requirements.
- Multi-county service. Washington has 39 counties. Service in remote eastern Washington or Olympic Peninsula counties requires additional planning. A Washington process server with statewide coverage is often more efficient than coordinating county-by-county service.
Why Attorneys Use Countrywide Process for Washington Subpoena Domestication
Washington UIDDA work has a higher procedural floor than most adopting states because of the 2023 protected-health-care attestation, the CR 30(b)(1) five-day notice rule, and the affidavit-of-service requirement under CR 45. Countrywide Process supports California attorneys with Washington-bound subpoenas across the full workflow:
- Submission packet preparation including the Washington-specific protected-health-care attestation in the form most Washington superior court clerks expect
- County identification — confirming which Washington superior court clerk should receive the submission based on witness or custodian location
- Filing fee handling — advancing the Washington county filing fee and including it on the client invoice
- Deposition notice timing — coordinating service to satisfy the CR 30(b)(1) five-day notice rule (or the twenty-day rule for video-recorded depositions)
- Service arrangement — engaging a Washington process server authorized to serve under CR 45, with affidavit-of-service prepared in Washington-acceptable form
- Proof of service return — returning Washington-compliant proof of service for trial-state filing
- Routing decisions for protected-health-care-related subpoenas where the matter falls within RCW 5.51.020(4)’s judicial-review track — we identify when local Washington counsel is appropriate and refer accordinglyReady to Domesticate Your Washington Subpoena? Countrywide Process handles UIDDA subpoena domestication and service in all 39 Washington counties as part of our nationwide subpoena domestication service. Send the foreign subpoena, the case caption, and the Washington witness or custodian information. We will prepare the protected-health-care attestation, handle clerk submission, advance the filing fee, coordinate CR 30(b)(1) notice timing, arrange service under CR 45, and return Washington-compliant proof of service. Visit countrywideprocess.com/subpoena-domestication or call (888) 962-9696.
Sources and Authorities
This article relies on the following primary and secondary sources. Last verified June 2026.
Primary Sources
- RCW Chapter 5.51 — Uniform Interstate Depositions and Discovery Act, including sections 5.51.010 (Definitions), 5.51.020 (Issuance of subpoena and protected-health-care attestation), 5.51.030 (Service of subpoena), 5.51.040 (Deposition, production, and inspection), 5.51.050 (Protective order), 5.51.060 / .900–.902 (Construction, short title, application). Originally enacted Laws of 2012, Chapter 95; amended Laws of 2023, Chapter 193.
- RCW Chapter 7.115 — Washington’s shield-law framework defining “protected health care services” referenced in RCW 5.51.020(1)(b).
- Washington Superior Court Civil Rule (CR) 30 — Depositions upon oral examination. CR 30(b)(1) governs the five-day notice rule. CR 30(b)(8) governs the twenty-day notice for video-recorded depositions. Most recent amendment effective October 1, 2024 addressing remote depositions.
- Washington Superior Court Civil Rule (CR) 45 — Service of subpoenas, including affidavit-of-service requirements when service is not by an officer of the court.
- Washington Superior Court Civil Rules CR 26 through CR 37 — Discovery rules applied to UIDDA-issued subpoenas under RCW 5.51.040.
Secondary Sources
- Uniform Law Commission, Interstate Depositions and Discovery Act Committee — the authoritative source for UIDDA adoption status across United States jurisdictions.
- Washington Courts (courts.wa.gov) — the canonical source for current Washington Superior Court Civil Rules, including any amendments to CR 30 and CR 45.
- Washington State Legislature (app.leg.wa.gov) — the canonical source for current text of RCW Chapter 5.51 and RCW Chapter 7.115.
Note for verification: Washington statutes and court rules are subject to amendment. Before relying on any specific provision for a particular matter, verify the current text at the Washington State Legislature’s official RCW publication (app.leg.wa.gov) and the Washington Courts’ rules publication (courts.wa.gov). This article was last verified in June 2026.
Legal Disclaimer
This article is provided for informational purposes only and does not constitute legal advice. Washington UIDDA procedure is governed by RCW Chapter 5.51, the Washington Superior Court Civil Rules (CR 26 through CR 37, and CR 45), and local rules and standing orders of the Washington superior courts and their clerks. The 2023 amendments adding the protected-health-care attestation and review mechanism are codified at RCW 5.51.020(1)(b) and 5.51.020(4) (Laws of 2023, Chapter 193) and interact with the Washington shield-law framework at RCW Chapter 7.115. Washington statutes and court rules are subject to change. Verify the current text of RCW Chapter 5.51, CR 30, CR 45, and any relevant local rules against the Washington State Legislature’s official RCW publication (app.leg.wa.gov) and the Washington Courts’ rules publication (courts.wa.gov) before relying on the information in this article for a specific matter. Countrywide Process is a legal-support services provider and is not a law firm; this article does not create an attorney-client relationship. Consult qualified Washington counsel for advice on a specific matter, particularly where the subpoena may implicate protected health care services as defined in RCW 7.115.010.
| Yes. Washington adopted UIDDA in 2012, codified at RCW Chapter 5.51. The chapter was amended in 2023 to add a sworn attestation requirement regarding reproductive and gender-affirming health care services. As of June 2026, Washington is one of 48 jurisdictions (including the District of Columbia) that have adopted UIDDA. The three remaining holdouts are Massachusetts, Missouri, and New Hampshire. Massachusetts requires a commission for out-of-state subpoenas under its non-UIDDA procedure. |
| No, for routine issuance. RCW 5.51.020(1)(a) provides that submitting a foreign subpoena to a clerk of court in Washington does not constitute an appearance in Washington courts. Out-of-state litigants can submit the foreign subpoena, the required attestation, and the filing fee without retaining local Washington counsel. Local counsel becomes necessary if a motion regarding the subpoena is filed — a motion to quash that requires representation in a Washington superior court, or if the subpoena falls within the protected-health-care provisions of RCW 5.51.020(4). |
| Every UIDDA subpoena submission to a Washington court clerk on or after the 2023 effective date must include a sworn attestation under penalty of perjury stating whether the subpoena seeks documents, information, or testimony related to protected health care services lawful in Washington as defined in RCW 7.115.010. Protected health care services include reproductive and gender-affirming care. The attestation applies to every submission regardless of subject matter — not only health-care-related subpoenas. |
| Under RCW 5.51.020(1)(b), a false attestation that is intentionally submitted, where the subpoena did seek protected-health-care-related information, triggers a statutory penalty of $10,000 per violation. Submitting the attestation also subjects the attester to Washington court jurisdiction for any related suit, penalty, or damages — meaning the attester cannot avoid the consequences by raising a personal-jurisdiction defense. |
| Washington CR 30(b)(1) requires at least five days’ notice for deposition subpoenas. The party desiring to take a deposition upon oral examination shall give reasonable notice in writing of not less than five days, pursuant to CR 6, to every other party to the action and to the deponent. For video-recorded depositions, CR 30(b)(8) requires at least twenty days’ notice before the deposition date. Failure to give five days’ notice may be grounds for sanctions in favor of the deponent. |
| Subpoenas in Washington can be served by anyone over eighteen who is not a party to the action. Service of a subpoena requires an affidavit of service if not served by an officer (such as a sheriff or marshal). Most out-of-state attorneys retain a Washington process server with extensive experience in UIDDA service to handle Washington-specific affidavit-of-service requirements and the CR 30(b)(1) notice timing. |
| Per RCW 5.51.050, motions to enforce, quash, modify, or for a protective order must be filed in the Washington superior court for the county where discovery is being conducted, not in the trial state. Washington’s rules and statutes govern the motion. If a motion regarding the subpoena is filed, local Washington counsel is typically retained for the limited purpose of appearing on the motion. |
| UIDDA service typically takes 1-3 weeks from foreign subpoena submission to served local subpoena. The timeline breaks down approximately: clerk processing of the foreign subpoena submission takes three to five business days in high-volume counties (King, Pierce, Snohomish, Spokane, Clark) and five to ten business days in smaller and more rural counties; service of the reissued Washington subpoena by a Washington process server typically takes one to three additional business days depending on witness location. For time-sensitive matters, contact the destination clerk’s office in advance to confirm submission requirements. |
| Washington Superior Court Civil Rule (CR) 45 governs witness fee requirements for subpoenas served under RCW 5.51. For personal-appearance subpoenas (deposition testimony, trial testimony), counsel should tender the applicable witness fee at the time of service per CR 45. Records-only subpoenas to custodians of records have different fee mechanics; confirm with the Washington clerk or with Countrywide Process’s intake team before service. |
| Yes. RCW 5.51.010(5)(b) expressly includes electronically stored information within the scope of subpoenas eligible for domestication. The Washington subpoena can compel production of ESI, documents, records, and tangible discoverable materials in the recipient’s possession, custody, or control. Washington CR 45’s standard ESI-production mechanics then apply. |
| Yes. Improper UIDDA procedures can lead to quashed subpoenas. Common reasons Washington courts quash UIDDA subpoenas include: missing or false protected-health-care attestation under RCW 5.51.020(1)(b); insufficient deposition notice under CR 30(b)(1) (less than five days); service by a party rather than a non-party server; missing affidavit of service under CR 45; or attempting to compel production of protected-health-care-related information that falls outside the RCW 5.51.020(4) carve-outs. Proper UIDDA workflow eliminates these grounds. |
