INSTRUCTION/SERVICE OF SUBPOENA ON INFRACTIONS ONLY

You have requested the presence of a witness at your contested hearing. You are entitled to subpoena any witness, including the officer who issued the Notice of Infraction. You may do so by following these procedures:

1.      Fill out a Subpoena Request Form(s) and return it to the court at least 28 days prior to your hearing date. Upon receipt of the completed form, the court will prepare the subpoena(s) and return it to you for service with a return of service form(s). 

2.      You are responsible for serving the subpoena(s). Additionally, you are responsible for any cost incurred for service, appearance and mileage of each witness. The following can make service: 

  1. The Civil Section of the Sheriffs' Department located at the Kitsap County Courthouse, 614 Division Street, Port Orchard, WA.
  2. You may serve the subpoena(s) yourself if you are over 18 years of age.
  3. Any person over the age of 18 can serve the subpoena(s).
  4. You may hire and pay a process server. They are listed in the telephone book and online.
  5. First Class mail, postage prepaid, mailed to last known address.  

3.      If a person other than a Sheriffs' Deputy serves the subpoena(s), a Return of Service Affidavit form must be completed, signed by the person who served it, and filed with the court by the hearing date. 

4.      To accomplish personal service of a subpoena(s) on a law enforcement officer:                                          

  1. Sheriffs' Deputies may be served by contacting the Civil Division of the Sheriff's Office, 8:00 am to 4:30 pm. If the client wants the deputy personally served and return of service provided, there will be a fee for the service. If personal service and a return are not desired, the subpoena(s) will be placed in the deputy's mailbox.
  2. Troopers may be served by delivering the subpoena(s) to: Washington State Patrol Office at 4811 Werner Road, Bremerton, WA, 8:00 am to 5:00 pm.
     
  3. Washington State Patrol/Aviation Division officers may be served at their place of work in Olympia at: Aviation Unit Front Counter, 7525-A Old Highway 99, Olympia, WA. Service by mail will not be accepted. 

5.      If you request the presence of a SMD (Speed Measuring Device) Expert, you must serve the request on the Kitsap County Prosecutor, on a separate pleading, and file a copy with the court at least 30 days prior to the hearing.


Click below for a copy of the Subpoena Request.

 Subpoena Request Form