1.3 Contested Hearings - Preliminary Proceedings (a) Speed Measuring Device Expert: As provided in RCW 46.63.151, any person who requests production of an electronic speed measuring device expert, and who is thereafter found by the Court to have committed the infraction, shall be required to pay the fee charged by the expert as a cost incurred by that party. A request for the presence of a SMD Expert must be submitted, in writing, to the City Prosecutor of the municipality issuing the Notice of Infraction not less than 30-days prior to the scheduled date of the contested hearing. A untimely request for the presence of a SMD Device Expert may be treated by the Court as a request for a continuance to the next date on which the City Prosecutor has scheduled the appearance of the SMD Expert. (b) Costs and Fees For Other Witnesses: Each party is responsible for cost incurred by that party, including witness fees as set forth in RCW 46.63.151. In cases where a party requests a witness to be subpoenaed, the party requesting the witness shall pay the witness fees and mileage expenses due the witness. (Effective Date: September 1, 2002)
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