WSR 15-23-039
RULES OF COURT
STATE SUPREME COURT
[November 4, 2015]
IN THE MATTER OF THE PROPOSED AMENDMENT TO IRLJ 3.1—CONTESTED HEARINGS—PRELIMINARY PROCEEDINGS
)
)
)
)
ORDER
NO. 25700-A-1125
The Washington State Bar Association Court Rules and Procedures Committee, having recommended the expeditious adoption of the Proposed Amendment to IRLJ 3.1—Contested Hearings—Preliminary Proceedings, and the Court having considered the amendments and comments submitted thereto, and having determined that the proposed amendments will aid in the prompt and orderly administration of justice;
Now, therefore, it is hereby
ORDERED:
(a) That the new rules as shown below are adopted.
(b) That the new rules will be published expeditiously in the Washington Reports and will become effective upon publication.
DATED at Olympia, Washington this 4th day of November, 2015.
 
 
Madsen, C.J.
Johnson, J.
 
Wiggins, J.
Owens, J.
 
Gonzalez, J.
Fairhurst, J.
 
Gordon McCloud, J.
Stephens, J.
 
Yu, J.
SUGGESTED AMENDMENT
INFRACTION RULES FOR COURTS OF LIMITED JURISDICTION (IRLJ)
RULE 3.1—CONTESTED HEARINGS—PRELIMINARY PROCEEDINGS
IRLJ 3.1
CONTESTED HEARINGS—PRELIMINARY PROCEEDINGS
(a) Subpoena. The defendant and the prosecuting attorney 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) (b), 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.