LIRLJ 3.1
CONTESTED HEARINGS - PRELIMINARY PROCEEDINGS
(a) (1) Subpoenas. In contested cases, the defendant and the
plaintiff may subpoena witnesses necessary for the
presentation of their respective cases. The request for a
subpoena may be made in person or by mail. In order to
request a subpoena, the request must be made in writing
informing the clerk of the court of the name and address of
the witness and of the date of the contested hearing. The
subpoena may be issued by a judge, court commissioner, clerk
of the court, or by a party's attorney. The responsibility
for serving subpoenas on witnesses, including law enforcement
witnesses and the Speed Measuring Device Expert (SMD Expert)
is upon the party requesting the subpoena. Such subpoenas may
be served as stated in IRLJ 3.1(a).
(2) Timeliness. In cases where the request for a subpoena is
made 14 days or less prior to the scheduled hearing, the Court
may deny the request for the subpoena or condition the
issuance of the subpoena upon a continuance of the hearing
date. (See following rule for time frame for Speed Measuring
Device Expert.)
(3) Speeding Measuring Device Expert. Defense requests for a
Speed Measuring Device Expert must be made to the Office of
the Prosecuting Attorney no less than 30 days prior to the
date set for the contested hearing. A request for a SMD
expert may be treated by the Court as a request for a
continuance to the next date on which the prosecuting attorney
has scheduled the appearance of the SMD Expert. In cases
where either party requests a Speed Measuring Device Expert
(SMD Expert), those cases shall be consolidated to the extent
possible on one calendar. (See Exhibit LIRLJ 3.1(a)(3).)
(4) Costs and Witness Fees. Each party is responsible for
costs incurred by that party, including witness fees, as set
forth in RCW 46.63.151. In cases where a party requests a
witness to be subpoenaed, the party requesting the witness
shall pay the witness fees and mileage expenses due that witness.
[Effective September 1, 2006]
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