Revised Code of Washington

Wash. Rev. Code § 12.16.050 (2025)

Damages for nonappearance

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Every person subpoenaed as aforesaid, and neglecting to appear, shall also be liable to the party in whose behalf he or she may have been subpoenaed, for all damages which such party may have sustained by reason of his or her nonappearance: PROVIDED, That such witness had the fees allowed for mileage and one day's attendance paid, or tendered him or her, in advance, if demanded by him or her at the time of the service.
[ 2010 c 8 s 3030; Code 1881 s 1873; 1873 p 371 s 172; 1854 p 234 s 61; RRS s 1902.]

Notes:

Result of failure to attend: RCW 5.56.060, 5.56.061.
When witness must attend: RCW 5.56.010.
Notes of Decisions
Cited in 1 case, 1970–1970 · leading case: Ware v. Phillips, 468 P.2d 444 (Wash. 1970).
Ware v. Phillips, 468 P.2d 444 (Wash. 1970). “100 or RCW 12.16.050, but they could recover only the actual damages suffered and only by bringing a civil action, with its Attendant notice and opportunity for hearing.”
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