27.03.130 Subpoenas.
(1) A Court Clerk, under the authority of the judge, shall issue any subpoenas. The subpoena must state the name of the Court, the title, if any, of the proceeding and it must command each person to whom it is directed to attend and give testimony at the time and place specified in the subpoena. The Clerk shall issue a subpoena, signed and sealed, but otherwise in blank, to the party requesting it, the party shall fill in the blanks before it is served, and the party shall file copies of those subpoenas and their return of service with the Court.
(2) The Court may, if compliance would not be unreasonably oppressive, require a witness by subpoena to produce certain documents or objects specifically described in the subpoena. Production may be ordered prior to trial so that the actual trial itself can be expedited. This rule is not intended to provide an additional means of discovery, but only to expedite trial by providing a time and place for the inspection of subpoenaed materials.
(3) A subpoena may be served by a police officer or any person who is 18 years of age or over and who is not a party to the action or related in the third degree to the party requesting the subpoena. Personal service of subpoenas will only be made within the jurisdiction of the Cowlitz Indian Tribe. If the subpoena is being served on a person who resides outside the jurisdiction of the Cowlitz Indian Tribe, service by first class mail to the person’s last address of record will be permitted.
(4) Proof of service of a subpoena must be made by the person who served the subpoena in accordance with subsection (3) of this section. If the person to be served cannot be located, the person who attempted to serve the subpoena shall file a statement of attempt to serve which must describe their efforts at service.
(5) The Court may deem the failure of any person to obey a subpoena without adequate excuse contempt of the Court. After proper notice and hearing, the Court may impose any penalties available for contempt under CTC 27.07.020 or CTC 27.07.030.
(A) On motion of the prosecution or the defendant, the Court may issue a warrant, subject to bail, for the arrest of a material witness. The warrant may be issued only on a showing, by affidavit or on the record in open court, that the testimony of the witness is material and that:
(a) The witness has refused to submit to a deposition ordered by the Court; or
(b) The witness has refused to obey a lawfully issued subpoena; or
(c) It may become impracticable to secure the presence of the witness by subpoena.
Unless otherwise ordered by the Court, the warrant must be executed and returned in the same manner as an arrest warrant.
(B) After the arrest of the witness, the Court shall hold a hearing no later than the next Court day. The witness will be entitled to be represented by counsel at their own expense or as appointed at the discretion of the Court.
(C) Upon a determination that the testimony of the witness is material and that one of the conditions set forth in subsections (5)(A)(a) through (c) of this section exists, the Court shall set conditions for release of the witness. Release of a material witness may be delayed for a reasonable period of time until the testimony or deposition of the witness can be taken.