Section 182-16-085. Subpoenas.  


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  • (1) Presiding officers, the hearing representative, and attorneys for the parties may prepare subpoenas in accordance with Civil Rule 45, unless otherwise stated. Any party may request the presiding officer to prepare a subpoena on his or her behalf.
    (2) The presiding officer may schedule a prehearing conference to decide whether to issue a subpoena.
    (3) If a party requests the presiding officer prepare a subpoena on its behalf, the party is responsible for:
    (a) Service of the subpoena; and
    (b) Any costs associated with:
    (i) Compliance with the subpoena; and
    (ii) Witness fees as described in RCW 34.05.446(7).
    (4) Service of a subpoena must be made by a person who is at least eighteen years old and not a party to the hearing. Service of the subpoena is complete when the person serving the subpoena:
    (a) Gives the person or entity named in the subpoena a copy of the subpoena; or
    (b) Leaves a copy of the subpoena with a person over the age of eighteen at the residence or place of business of the person or entity named in the subpoena.
    (5) To prove service of a subpoena on a witness, the person serving the subpoena must file with the presiding officer's office a signed, written, and dated statement that includes:
    (a) The name of the person to whom service of the subpoena occurred;
    (b) The date of the service of the subpoena occurred;
    (c) The address where the service of the subpoena occurred; and
    (d) The name, age, and address of the person who provided service of the subpoena.
    (6) A party may request the presiding officer quash (set aside) or change a subpoena request at any time before the deadline given in the subpoena.
    (7) A presiding officer may quash (set aside) or change a subpoena if it is unreasonable.
    [Statutory Authority: RCW 41.05.021, 41.05.160, 2016 c 67, and PEBB policy resolutions. WSR 16-20-080, § 182-16-085, filed 10/4/16, effective 1/1/17.]
RCW 41.05.021, 41.05.160, 2016 c 67, and PEBB policy resolutions. WSR 16-20-080, § 182-16-085, filed 10/4/16, effective 1/1/17.