Rule 6.6
Speed Measuring Device: Design and Construction Certification
(b) Speed Measuring Device Certifications. Any certificate, affidavit, or
foundation evidentiary document allowed or required by IRLJ 6.6 can be filed
with the Clerk of the Court and maintained by the court as a public record.
The records will be available for inspection by the public. Copies will be
provided on request, subject to a charge for any allowable copying fees.
Speed measuring device certification documents can be obtained from the court
clerk during normal business hours prior to a contested hearing. Speed
measuring device certifications are not subject to discovery
(c) Request for Speed Measuring Device (SMD) Expert. Defense request to
produce an electronic or laser SMD expert pursuant to IRLJ 6.6(e) for a
contested hearing shall be contained in a separate document clearly designated
as a request for a 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 Ritzville District Court for Adams County, a request for a 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.
(1) The Party filing the above demand shall specifically call it to the Court
Clerk's attention so the case will be set on the appropriate SMD expert's
trial date so as to avoid a continuance under IRLJ 6.6(c).
In the absence of proof of a request to produce an electronic speed measuring
device (SMD) expert, a certificate in substantially the form provided under
CrRLJ 6.13, IRLJ 6.6 is admissible in lieu of an expert witness in any court
proceeding in which the design and construction of an electronic speed
measuring device (SMD) is an issue.
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