If I were to decide to subpoena the trooper who cited me to appear at my contested hearing on June 28, when would he have to receive it or be served? I have already received my discovery materials but did not subpoena the trooper at that time.
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If I were to decide to subpoena the trooper who cited me to appear at my contested hearing on June 28, when would he have to receive it or be served? I have already received my discovery materials but did not subpoena the trooper at that time.
I'd really recommend you think long and hard about subpoenaing the officer. The officer will state his story and because he is a more creditable witness (supposedly he's got nothing to gain from providing false information so in the eyes of the court that makes him more creditable than you who does have something to gain). If you do subpoena him, you will have to content with everything he states on the stand not just the facts you have in the officers notes. I completely understand where you are coming from, when I got my ticket I was sure there was no way the officer could have lasered me. I even went and stood where he was sitting and saw he couldn't even see me from the distance he stated on the report. In the end I had to realize the officer would say he saw me and the judge would accept that as fact. I just had to accept the fact I wouldn't win on the facts as I saw them and attack the notes on technical grounds.
Anyways enough of my opinion, here is the information you requested.
IRLJ 3.1(a)
By the way you're going to want to read over and know the Infraction Rules for Courts of Limited JurisdictionQuote:
(a) Subpoena. The defendant and the plaintiff may subpoena witnesses
necessary for the presentation of their respective cases. Witnesses should be
served at least 7 days before the hearing. The subpoena may be issued by a
judge, court commissioner, or clerk of the court or by a party's lawyer. If a
party's lawyer issues a subpoena, a copy shall be filed with the court and with
the office of the prosecuting authority assigned to the court in which the
infraction is filed on the same day it is sent out for service. A request that
an officer appear at a contested hearing pursuant to rule 3.3(c) shall be filed
on a separate pleading. A subpoena may be directed for service within their
jurisdiction to the sheriff of any county or any peace officer of any
municipality in the state in which the witness may be or it may be served as
provided in CR 45(c), or it may be served by first-class mail, postage prepaid,
sent to the witnesses' last known address. Service by mail shall be deemed
complete upon the third day following the day upon which the subpoena was
placed in the mail. If the subpoena is for a witness outside the county, a
judge must approve of the subpoena.
http://www.courts.wa.gov/court_rules...p=clj&set=IRLJ