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03 LUIS SPEEDING SUBPOENA

03 LUIS SPEEDING SUBPOENA

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Published by Luis Ewing

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Published by: Luis Ewing on Sep 02, 2008
Copyright:Attribution Non-commercial

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06/02/2013

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Cause No. ________________ CITY OF ________________ COUNTY OF ______________ STATE OF WASHINGTONPlaintiff ___________________________ v.Defendant ___________________________ 
IRLJ 3.1 (a); IRLJ 3.3 (d); IRLJ 2.6 (a)(2); IRLJ 6.6 (b)SUBPOENA FOR THE CITING OFFICER & SPEED MEASURING DEVICE EXPERT
The defendant respectfully submits this SUBPOENA for the citing office ___________________, Badge No. _____________ and for the “Speed Measuring DeviceExpert” pursuant to IRLJ 3.1(a), IRLJ 3.3 (d); IRLJ 2.6 (a)(2); IRLJ 6.6 (b) & CrRLJ 6.13 (d).We are also requesting the presence of an electronic speed measuring device expert pursuant to IRLJ 6.6 (b) & CrRLJ 6.13 (d) to the extent necessary to establish the prosecution'scase. The SMD Expert must first qualify as an expert pursuant to ER 702. We are alsorequesting the presence of each and every person who actually certified the particular radar unitor speedometer used in this case. It is my understanding that the devices are certified every sixmonths by the SMD experts. The presence of certifier is also requested. We also object to theadmission of any certificate or affidavit in lieu of live testimony concerning the design, operationor construction of any such speed measuring device at motions hearing or trial.IRLJ 3.1 (a) reads:
RULE IRLJ 3.1 CONTESTED HEARINGS--PRELIMINARYPROCEEDINGS (a) Subpoena.
The defendant and the plaintiff may subpoenawitnesses necessary for the presentation of their respective cases. Witness' 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'slawyer issues a subpoena, a copy shall be filed with the court and with the officeof the prosecuting authority assigned to the court in which the infraction is filedon the same day it is sent out for service. A request that an officer appear at acontested hearing pursuant to rule 3.3(c) shall be filed on a separate pleading. Asubpoena may be directed for service within their jurisdiction to the sheriff of anycounty or any peace officer of any municipality in the state in which the witnessmay be or it may be served as provided in CR 45(c), or it may be served by first-

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