Title 01 General Provisions
Chapter 01.05 Civil Infraction System
Section 01.05.090 Contested Hearings – Preliminary Proceedings
- Subpoena.
The defendant and the plaintiff may subpoena witnesses necessary for the presentation of their respective cases. 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. A subpoena may be directed 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 Rule 45(c) of the superior court civil rules. If the subpoena is for a witness outside the county, the judge must approve of the subpoena.
- Witness List.
The plaintiff’s lawyer, upon request of the defendant fourteen days prior to a contested hearing, shall at least seven days prior to the hearing provide the defendant or defendant’s lawyer with a list of the witnesses the plaintiff intends to call at the hearing.
- Amendment of Notice.
The court may permit a notice of infraction to be amended at any time before judgment if no additional or different infraction is charged, and if substantial rights of the defendant are not thereby prejudiced. A continuance shall be granted if the defendant satisfies the court that the additional time is needed to defend against the amended notice of infraction.
- Sufficiency.
No notice of infraction shall be deemed insufficient for failure to contain a definite statement of the essential facts constituting the specific infraction which the defendant is alleged to have committed, nor by reason of defects or imperfections which do not tend to prejudice substantial rights of the defendant.
Date Passed: Monday, January 22, 2007
Effective Date: Sunday, March 4, 2007
Recodification ORD C33969 Section 1
