Municipal Court Links

County and State Links

../../image: Get Adobe Reader

Adobe Reader® may be required to open some materials on this page. It is available without charge by selecting the icon above.

Lake Forest Park Municipal Court:
Procedures to Subpoena An Officer or Witness to
Testify in a Contested Infraction Hearing

Click to download a copy of these instructions with Subpoena Forms

RCW 46.63.090 provides that the person named in the Notice of Traffic Infraction may subpoena witnesses, including the officer. The Infraction Rules for Courts of Limited Jurisdiction (IRLJ) provide at IRLJ 3.1(a) that a defendant may subpoena witnesses and that a subpoena may be issued by a judge, clerk of the court, or by a party’s lawyer. The Lake Forest Park Municipal Court has attached a blank subpoena form for issuing a subpoena to an officer or a witness in a contested hearing. The subpoena process is as follows:

  1. The defendant completes a subpoena, except for the signature block.
  2. The defendant submits the completed subpoena for the Court Clerk’s signature.
  3. The defendant makes 4 (four) copies of the completed and signed subpoena and files one copy with the court, one copy with the prosecutor’s office, one copy is served on the witness/officer and one copy is retained by the defendant.
  4. The defendant serves the subpoena on a witness by:
    1. Service as provided in Civil Rule 45(c) which states that a subpoena may be served by any suitable person over 18 years of age by giving a copy of the subpoena to the witness or by leaving such copy at the place of his/her abode. Proof of service shall be made by affidavit. Personal service should be done at least 7 (seven) days before the hearing per IRLJ 3.1.(a).
    2. Service by first class mail, postage prepaid, sent to the witness’ last known address as provided in IRLJ 3.1(a). Service by mail shall be deemed complete upon the third day following the day upon which the subpoena was placed in the mail. Service by mail should be done at least 10 (ten) days before the hearing per IRLJ 3.1(a).
  5. The defendant serves the subpoena on a police officer by serving a copy of the subpoena on the following individual for personal service or by mailing such copy by certified mail to the:

    RECORDS CLERK
    Lake Forest Park Police Department
    17425 Ballinger Way NE
    Lake Forest Park, WA 98155
  6. An affidavit of service, known as a return of service, should be done and retained by the defendant for each witness served. A return of service form is also attached.
  7. A copy of all subpoenas served should be filed with the prosecutor’s office by mail or delivery to:

    PROSECUTOR
    Lake Forest Park City Hall
    17425 Ballinger Way NE
    Lake Forest Park, WA 98155