Orting Municipal Court

		
		
                                   OMCLR 3.5
                            SPEED MEASURING DEVICE


    (A)  Speed Measuring Device.  Any certificate admissible under IRLJ 6.6(b), and
any other document relating to a Speed Measuring Device, can be filed with the
court and maintained by the court as a public record, an shall be available for
inspection by the public.  Copies shall be provided by the clerk's office on
request.  There shall be no charge for the copy if it relates to an infraction
filed against the person making the request.  Otherwise, there shall be a
charge for each page copied.  These records shall be available without a formal
request for discovery.  The court shall be entitled to take judicial notice of
the fact that any document filed pursuant to this rule has been filed with the
court.  Documents filed pursuant to this rule shall not be suppressed as
evidence merely because there is not a prosecutor present to offer the document
as an exhibit at the hearing.  If the certificate or document is insufficient,
then a motion to suppress the reading of the Speed Measuring Device can be granted

    (B) Request for Speed Measuring Device Expert.  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 in issue.

    (C) The request for an SMD expert under IRLJ 6.6 must be served on the
prosecuting authority and filed with the clerk of the court at least 30 days
prior to the hearing.

    (D) The request to provide a speed measuring device expert cannot be combined
with a Notice of Appearance or any other Pleading.  Each party is responsible
for costs incurred by that party 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 to that witness.

    (E) Any person who requests production of an electronic speed measuring device
(SMD) expert, and who is thereafter found by the Court to have committed the
infraction, may be required to pay the fee charged by the expert as a cost
incurred by that party, as provided in RCW 46.63.151.

    (F) The Court may allow the speed measuring device expert to testify from a
location other than the courtroom via speaker phone or other electronic means
acceptable to the court.


(Amended effective September 1, 2011)