RULE 11
                        PROCEDURE AT CONTESTED HEARINGS


    1) Speed Measuring Device Experts. When any speed measuring device expert
is required to testify in a contested infraction hearing, the expert may
testify by telephone, unless otherwise ordered by the Court. The party
required to produce such evidence shall be responsible for arranging the
expert's telephonic testimony and advising the Court Clerk prior to the
scheduled time for the contested hearing.

    2) Handling of Requests for Contested Hearings After Failure to Respond.
lf a defendant who has failed to respond to a notice of infraction, as required
by RCW 46.63.070 and Rule 2.4 of the Infraction Rules for Courts of Limited
Jurisdiction (IRLJ), requests that the Court set his/her case for a
contested hearing, the Court Clerk shall be authorized to set a date for a
contested hearing, and retrieve pleadings and/or correspondence from the
Department of Licensing reflecting the failure to respond or appear, if any
was sent, only upon the following conditions:

    a) The defendant, within one week of the date by which a request for a
contested hearing should have been received by the Court, delivers to
the Court an envelope containing his/her request for a contested
hearing, with a postmark clearly indicating that the envelope was
addressed and mailed to the Court within the time frame for requesting
contested hearings pursuant to statute and Court rule, and with the
envelope indicating that it was returned to the defendant, for
whatever reason; or,

    b) The Court, within one week of the date by which a request for
contested hearing should have been received by the Court, receives in
the mail an envelope containing the defendant's request for a
contested hearing, with the envelope showing a postmark clearly
indicating that the envelope was mailed to the Court within the time
frame for requesting contested hearings pursuant to statute and Court rule.

    In all other cases, the defendant shall not be entitled to a contested hearing,
and the disposition of the infraction shall be dealt with as provided by statute
or Court rules for failure to respond or appear.

    3) Discovery Demands. Any party alleging a violation of the rules of discovery
set forth in IRLJ 3.1(b) shall document service of the discovery demand upon
the opposing party by either providing a copy of the discovery demand with a
stamp from the opposing party indicating the demand was received in a timely
manner or by providing a return receipt from the U.S. Postal     Service or
private postal carrier documenting that the opposing party was served with
the discovery demand in a timely manner.  Discovery demands made to the City
in infraction matters shall be directed to the prosecution unit of the Office of the
City Attorney, which shall date-stamp all discovery demands when received.

    4) Subpoenas for Bellingham Police Officers--Alternative Procedure. Subpoenas
may be requested and served as provided by state law and court rules. In the
alternative, defendants in contested infraction cases may serve subpoenas
upon officers of the Bellingham Police Department in the following manner:

    a) A subpoena may be requested and obtained from the court clerk;

    b) The defendant, or his or her attorney or agent, may effectuate service
of the subpoena upon the officer by serving the subpoena upon an
employee of the Criminal Division of the Bellingham City Attorney's Office
in that office at least seven days before the scheduled contested hearing;

    c) The Bellingham City Attorney's Office shall date-stamp the subpoena,
provide a stamped copy to the person serving the subpoena, and transmit
the original subpoena to the officer at the Bellingham Police Department;

    d) All subpoenas served pursuant to this alternative procedure shall
indicate that the subject of the subpoena shall appear to testify one hour
after the commencement of the calendar upon which the case is scheduled;

    e) The City of Bellingham has consented to this alternative procedure.
A subpoena served pursuant to this alternative procedure shall be deemed
valid unless objected to in a timely fashion for good cause shown; and

    f) This alternative procedure does not apply to requests for Speed
Measuring Device experts employed by or contracted with the
Bellingham Police Department.

    5) City Attorney.  Pursuant to IRLJ 3.3, the City Attorney's Office need not
appear in any contested infraction unless requested by the Judge or Commissioner.

    6) This rule is not intended to supersede or conflict with any statutes
concerning procedures for infractions or the Infraction Rules for Courts of
Limited Jurisdiction (IRLJ).


[Effective September 1, 2012]