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  1. #1

    Default How Do I Subpoena a SMD Expert

    How do I subpoena the speed measuring device expert in WA? The officer notes contains the name of the expert.

    Do I have to pay any fees if the expert appears?

    I found this form online.
    http://www.scribd.com/doc/5424379/03...EDING-SUBPOENA

  2. #2
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default 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,

    Barry

  3. #3
    Join Date
    Feb 2010
    Location
    Mercer Island, Washington
    Posts
    46

    Default Re: How Do I Subpoena a SMD Expert

    I want to subscribe to this thread because I'm in a similar situation, but I just want to ask Jazzgear:

    Was the ticket court case a civil case? Because in a lot of places routine traffic tickets are still considered a criminal offense.

  4. #4
    Join Date
    Feb 2010
    Posts
    16

    Default Re: How Do I Subpoena a SMD Expert

    I'm not sure of other states, but Traffic trials are held in the same venue as criminal proceedings in CT. I am still trying to nail down the exact docket number of the case I am referring to in Connecticut.

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