Full text of Washington Revised Code of Washington § 34.05.446 — Subpoenas, discovery, and protective orders., with citation guidance and answers to common questions.
§ 34.05.446. Subpoenas, discovery, and protective orders.
(1) The presiding officer may issue subpoenas and may enter protective orders. A subpoena may be issued with like effect by the agency or the attorney of record in whose behalf the witness is required to appear.
(2) An agency may by rule determine whether or not discovery is to be available in adjudicative proceedings and, if so, which forms of discovery may be used.
(3) Except as otherwise provided by agency rules, the presiding officer may decide whether to permit the taking of depositions, the requesting of admissions, and all other procedures authorized by rules 26 through 36 of the superior court civil rules. The presiding officer may condition use of discovery on a showing of necessity and unavailability by other means. In exercising such discretion, the presiding officer shall consider: (a) Whether all parties are represented by counsel; (b) whether undue expense or delay in bringing the case to hearing will result; (c) whether the discovery will promote the orderly and prompt conduct of the proceeding; and (d) whether the interests of justice will be promoted.
(4) Discovery orders and protective orders entered under this section may be enforced under the provisions of this chapter on civil enforcement of agency action.
(5) Subpoenas issued under this section may be enforced under RCW
34.05.588(1).
(6) The subpoena powers created by this section shall be statewide in effect.
(7) Witnesses in an adjudicatory proceeding shall be paid the same fees and allowances, in the same manner and under the same conditions, as provided for witnesses in the courts of this state by chapter
2.40 RCW and by RCW
5.56.010, except that the agency shall have the power to fix the allowance for meals and lodging in like manner as is provided in RCW
5.56.010 as to courts. The person initiating an adjudicative proceeding or the party requesting issuance of a subpoena shall pay the fees and allowances and the cost of producing records required to be produced by subpoena.
Notes
Effective date—1989 c 175: See note following RCW
34.05.010.
Source: official Washington text · Last verified 2026-08-27
Frequently Asked Questions About Washington § 34.05.446
What does Revised Code of Washington § 34.05.446 cover?
Section 34.05.446 ("Subpoenas, discovery, and protective orders.") is part of the Revised Code of Washington, the codified statutory law of Washington. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Washington § 34.05.446?
A common citation format is "Revised Code of Washington § 34.05.446" (Washington). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Washington law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Washington official source linked on this page or consult a licensed Washington attorney.
How does Washington § 34.05.446 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Washington can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Washington.
