LIRLJ 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 Cle Elum Municipal 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, 2011] 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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