Washington § 38.38.412 - [Art. 47] Refusal to appear or testify — Penalty.

Full text of Washington Revised Code of Washington § 38.38.412 — [Art. 47] Refusal to appear or testify — Penalty., with citation guidance and answers to common questions.

§ 38.38.412. [Art. 47] Refusal to appear or testify — Penalty.

(1) Any person not subject to this code who:
(a) Has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial, military commission, court of inquiry, or any other military court or board, or before any military or civil officer designated to take a deposition to be read in evidence before such a court, commission, or board;
(b) Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the superior court of the state; and
(c) Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce;
is guilty of an offense against the state.
(2) Any person who commits an offense named in subsection (1) of this section shall be tried before the superior court of this state having jurisdiction and jurisdiction is conferred upon those courts for that purpose. Upon conviction, such a person shall be punished by a fine of not more than five hundred dollars, or imprisonment for not more than six months, or both.
(3) The prosecuting attorney in any such court, upon the certification of the facts by the military court, commission, court of inquiry, or board, shall prosecute any person violating this section.
[ 2009 c 378 s 21; 1989 c 48 s 46; 1963 c 220 s 49.]

Source: official Washington text · Last verified 2026-08-27

Frequently Asked Questions About Washington § 38.38.412

What does Revised Code of Washington § 38.38.412 cover?

Section 38.38.412 ("[Art. 47] Refusal to appear or testify — Penalty.") 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 § 38.38.412?

A common citation format is "Revised Code of Washington § 38.38.412" (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 § 38.38.412 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.