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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