LIR 6.6(e)
REQUEST FOR SPEED MEASURING DEVICE EXPERT
Request for Speed Measuring Device ("SMD") Expert. Defense
requests to produce an electronic or laser SMD expert
pursuant to IRLJ 6.6(b) shall be contained in a separate
document clearly designated as a request for an SMD expert,
served on the prosecuting authority with a conformed copy
filed with the clerk of the court. If the charging law
enforcement agency's SMD expert maintains a schedule for
monthly appearances in the Lower Kittitas County District
Court, a request for an SMD expert shall be deemed by the
court to be a request to set (or re-set) the hearing to a
day scheduled for the agency's SMD expert. An SMD expert
called as a witness by either party may testify by
telephone; however, any party intending to elicit telephonic
testimony from an SMD expert shall notify the court and the
opposing party at least 5 days prior to the date set for the
contested hearing. [Adopted effective September 1, 2003]
Comments to Local Infraction Rule 6.6(e). LIR 6.6(e) is
designed to address the problem of requests for SMD experts
being "buried" within discovery requests or other documents
filed in contested infraction cases. A request for an SMD
expert which stands alone and is clearly identified as a
request for an SMD expert will eliminate continuances for
defendants who desire the presence of an SMD expert but who
have not made their wish sufficiently clear to the
prosecuting authority. Allowing SMD expert testimony by
telephone serves to reduce costs incurred by law enforcement
agencies as well as assisting defendants in presenting the
testimony of their own SMD experts.
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