Rule 3.1
                 Contested Hearings - Preliminary Proceedings


   (a) Subpoena. The defendant and the plaintiff may subpoena witnesses necessary
for the presentation of their respective cases.  Subpoena requests must be
filed with the court at least fourteen (14) days prior to the contested hearing
and witnesses should be served at least 7 days before the hearing. The subpoena
may be issued by a judge, court commissioner, or clerk of the court or by a
party's lawyer. If a party's lawyer issues a subpoena, a copy shall be filed
with the court and with the office of the prosecuting authority assigned to the
court in which the infraction is filed on the same day it is sent out for
service. A request that an officer appear at a contested hearing pursuant to
rule 3.3(c) shall be filed on a separate pleading. A subpoena may be directed
for service within their jurisdiction to the sheriff of any county or any peace
officer of any municipality in the state in which the witness may be or  it
may  be  served  as  provided  in CR45(c), or it may be served by first-class
mail, postage prepaid, sent to the witnesses' last known address. Service by
mail shall be deemed complete upon the third day following the day upon which
the subpoena was placed in the mail. If the subpoena is for a witness outside
the county, a judge must approve of the subpoena.

   (b) If the defendant who requests a hearing to contest the determination that
an infraction was committed has a criminal charge pending, and said criminal
charge arises out of the same occurrence as the infraction, the hearing on the
infraction may be heard at the same time as the trial on the criminal charge at
the request of the defendant, the City Attorney, County Attorney, or the court
as authorized by the Infraction Rules for Courts of Limited Jurisdiction.