RMCLR 6.13 EVIDENCE (a) Rules of Evidence. The rules of evidence are applicable to criminal prosecutions. (b) Rules of Evidence-Infractions. The rules of evidence and statutes that relate to evidence in infraction cases shall apply to contested hearings. The court may consider the notice of infraction and any other written report made under oath submitted by the officer who issued the notice or whose written statement was the basis for the issuance of the notice in lieu of the officer's personal appearance at the hearing, unless the defendant has caused the officer to be served with a subpoena to appear. (c) Request for Speed Measuring Device. The court shall follow the provisions of CrRLJ 6.13(d) concerning the request for a speed measuring device (SMD) expert, except that a request for a SMD expert shall be in writing and must be received by the court clerk at least seven court days prior to the original trial or hearing date. [Adopted Effective September 1, 2001]
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