Wash. Rev. Code » Title 10 · Chapter 10.52
Revised Code of Washington

Wash. Rev. Code § 10.52.040 (2026)

✓ current as of May 2026
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Witnesses may be compelled to attend and testify before the grand jury; and witnesses on behalf of the state, or of the defendant, in a criminal prosecution, may be compelled to attend and testify in open court, if they have been subpoenaed, without their fees being first paid or tendered, unless otherwise provided by law; the court may, upon the motion of the prosecuting attorney or defense counsel, recognize witnesses, with or without sureties, to attend and testify at any hearing or trial in any criminal prosecution in any court of this state, or before the grand jury. In default of such recognizance, or in the event that surety is required and has not been obtained, the court shall require the appearance of the witness before the court and shall appoint counsel for the witness if he is indigent and then shall determine that the testimony of the witness would be material to either the prosecution or the defendant and that the witness would not attend the trial of the matter unless detained and, therefore, the court may direct that such witness shall be detained in the custody of the sheriff until the hearing or trial in which the witness is to testify: PROVIDED, That each witness detained for failure to obtain surety shall be paid, in addition to witness fees for actual appearance in court, for each day of his detention a sum equal to the daily jury fee paid to a juror serving in a superior court; and each witness in breach of recognizance and who is detained therefor shall be paid, in addition to witness fees for actual appearance in court, the sum of one dollar for each day of his detention. Any such witness shall be provided food and lodging while so detained. Any person accused of any crime in this state, by indictment, information, or otherwise, may, in the examination or trial of the cause, offer himself, or herself, as a witness in his or her own behalf, and shall be allowed to testify as other witnesses in such case, and when accused shall so testify, he or she shall be subject to all the rules of law relating to cross-examination of other witnesses: PROVIDED, That nothing in this code shall be construed to compel such accused person to offer himself or herself as a witness in such case.
[ 1984 c 76 s 17; 1969 ex.s. c 143 s 1; 1915 c 83 s 1; 1891 c 28 s 69; Code 1881 s 1067; 1873 p 233 s 229; 1871 p 105 s 2; 1854 p 116 s 93; RRS s 2148. Formerly RCW 10.52.040, 10.52.050, 10.52.070, and 10.52.080.]

Notes:

Rules of court: See CrR 6.13, 6.14.
Rights of accused persons: State Constitution Art. 1 ss 9, 22 (Amendment 10).
Notes of Decisions
Cited in 30 cases, 1961–2019 · leading case: In the Matter of Justin Alexander Marshall Justin Alexander Marshall v. State of Iowa, 805 N.W.2d 145 (Iowa 2011).
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In the Matter of Justin Alexander Marshall Justin Alexander Marshall v. State of Iowa, 805 N.W.2d 145 (Iowa 2011). · cites it 2× “28) (detention “where his or her attendance in such investigation or prosecution is necessary”); Wash. Rev. Code Ann. § 10.52.040 (West, Westlaw through Aug.”
State v. Epefanio, 156 Wash. App. 378 (Wash. Ct. App. 2010). · cites it 2× “And he notes that RCW 10.52.040 prohibits compelling an “accused person to offer himself or herself as a witness in such case.”
State v. Epefanio, 234 P.3d 253 (Wash. Ct. App. 2010). · cites it 2× “And he notes that, RCW 10.52.040 prohibits compelling an "accused person to offer himself or herself as a witness in such case.”
State v. Maupin, 128 Wash. 2d 918 (Wash. 1996). “See also RCW 10.52.040; CrR 6.12. The right guaranteed by the Sixth Amendment was recognized and applied to the states in Washington v.”
State v. Maupin, 913 P.2d 808 (Wash. 1996). “See also RCW 10.52.040; CrR 6.12. The right guaranteed by the Sixth Amendment was recognized and applied to the states in Washington v.”
State v. Robinson, 138 Wash. 2d 753 (Wash. 1999). “This conclusion flies in the face of the right of the defendant to testify in criminal prosecutions, a right guaranteed by our state constitution, article I, section 22, and by statute, RCW 10.52.040. Furthermore, the requirement that the defendant establish prejudice by an…”
State v. Robinson, 982 P.2d 590 (Wash. 1999). “This conclusion flies in the face of the right of the defendant to testify in criminal prosecutions, a right guaranteed by our state constitution, article I, section 22, and by statute, RCW 10.52.040. Furthermore, the requirement that the defendant establish prejudice by an…”
State v. Renneberg, 522 P.2d 835 (Wash. 1974). · cites it 2× “1, § 22; RCW 10.52.040; State v. Hill, 83 Wn.2d 558 , 520 P.”
State v. Edwards, 412 P.2d 747 (Wash. 1966). · cites it 2× “And RCW 10.52.040 expands these powers by requiring that all witnesses subpoenaed for the state and defense may be compelled to give evidence in open court.”
State v. Ruiz, 309 P.3d 700 (Wash. Ct. App. 2013). “010(l)(c); RCW 10.52.040. Courts typically use the contempt power to address a refusal to testify.”
State v. Murray, 543 P.2d 332 (Wash. 1975). · cites it 2× “030 provides that conviction of a crime may be proved for the purpose of affecting the weight of a witness' testimony in a criminal case, and RCW 10.52.040 makes the provision applicable where an accused testifies in his own behalf.”
State v. Woody, 437 P.2d 167 (Wash. 1968). · cites it 2× “Defendant asserts that this witness was so vital to his defense that the state had a duty to request the court for an order detaining the witness under the provisions of RCW 10.52.040. 1 On appeal, this court will not presume that the defendant actually wanted a witness present,…”
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