Re: How Do I Subpoena a SMD Expert
Well, if I were a judge, I'd deny ANY motions for dismissal based upon the non-appearance of either the SMD expert or the officer, since the "form" does not comply with the court rules. This form even cites IRLJ 3.1 (a), which states: "A request that an officer appear at a contested hearing pursuant to rule 3.3(c) shall be filed on a separate pleading." Also, you will notice that IRLJ 6.6 (b) similarly states: "In the absence of proof of a request on a separate pleading to produce an electronic or laser speed measuring device (SMD) expert...."
Since BOTH of the "subpoenas" are on the SAME pleading, the "form" does NOT comply with the rules -- thus, if either (or both) the officer or the SMD expert fails to show -- TOO BAD!
Plus, again if I were the judge and this was NOT submitted by an attorney, I'd just shake my head and think, "Hmmm, another Perry Mason wannabe".
And, no, there are no fees involved.
Just my $.02,
Where am I going? And why am I in this handbasket?