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)   Speed 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.  Any person who requests
production of an electronic speed measuring device expert,
and who is thereafter found by the court to have committed
the infraction, shall be required to pay the fee charged by
the expert as a cost incurred by that party.