How to Format a Discovery Request

[Aldstan]

Hello, I'm new. I found you guys searching for some information on Discovery forms.

My question involves traffic court in the State of: Washington

More specifically, I'm still looking for a proper format for a request of discovery form that would be suitable for the conditions of my case. I'm also wondering if any one knows of a general format for submitting a request to the judge for the allowance of personal video camera use during the court proceedings, or if anyone has advice on how I should format this.

Here are some of the details of my case if it's helpful to either advice givers or individuals going through the same process...

I am accused of violating Washington RCW 46.61.050 (Failure to obey a traffic control device). This was captured on camera (not in camera) by Redflex. I chose to contest (obviously) and made my appearance on January 21st at Bremerton Municipal Court.

Prior to this appearance I had submitted a motion for dismissal on the following grounds: [1] that the summons was issued improperly on five points (I didn't realize at the time that the city thinks it is allowed to distinguish between a summons and a notice of hearing, thus getting around the Federal Rules of Civil Procedure; [2] that there was no standing without a valid cause of action; and [3] that I knew they were offering me a transaction of a security interest, and I did not consent to contract.

I also went to the prosecutor's office (the prosecutor made me speak to an underling) and requested that the prosecutor appear at my hearing/trial/whatever. The underling returned with the prosecutor's answer (that they were under no obligation to appear).

I also subpoenaed the officer who signed the notice of infraction.

When I appeared at my scheduled hearing I had a couple of surprises in store for me. I made sure I arrived more than half an hour early so that I could listen to enough cases before mine to ensure that my adrenaline was spent by the time I went before the judge. During the half hour block before me I noticed that cases were called in alphabetical order. (Bear in mind that my last name begins with T.)

When the half hour block that I was scheduled to be in began, the judge gave her usual spiel, and then immediately began whispering to the clerk. I just knew they had to be talking about me. Sure enough mine was the first name called. Before I went forward I announced loud and clear that I wanted the record to show... (by the way, no stenographer? Who keeps the video record honest?) ...that I was there by special appearance only and I reserved all of my rights. The judge ignored this statement and told me that they had decided to move my hearing back until February 25th so that the prosecutor could be there. To me this sounded like good news, so I accepted and signed my new promise to appear "as agent, under protest and duress, without prejudice, and all rights reserved". Had I given it more thought I might have insisted that the case be dismissed immediately, because they had told the officer I subpoenaed that he didn't need to bother showing up because the court date was canceled, but they didn't bother to tell me; maybe it would have worked, but probably not.

So anyway, here I am now, heading into waters I've never sailed before, looking for all the charts I can find (this is U.C.C. humor, get it?) I DO think I have a very good case, even though the judge seems to have dismissed the fact that I know there is no valid cause of action against me.

For instance, I happen to know that the intersection where I was video taped is not legally (according to Washington statute) a proper place to put a Redflex camera. The RCW 46.63.170, states under paragraph (1) sub-paragraph (b), that "Use of automatic traffic safety cameras is restricted to two-arterial intersections, railroad crossings, and school speed zones only." I've done some looking, and this intersection is labeled as a "collector road", not as either a principal or a minor arterial, by the City of Bremerton Comprehensive Transportation Plan (Figure 2-1 Functional Classifications Eastern Portion).

If I can help it, I don't even plan to grant them in positum jurisdiction before I ever enter a plea. (We'll see.)

The problems I do face, however, are a dearth of sources for proper forms. When I filed my motion for dismissal, the clerk at BMC told me that I had to go to Olympia to get such a form. I called Olympia, talked to about four different people, and finally, once they understood that my case was only a "minor traffic infraction", they rudely told me that I would have to get such a form from BMC. I went back to the courthouse and told them what the Olympia Offices had said, and this time they assured me that if I wrote up my own form it would be accepted. Yeah right, that's probably why the judge ignored the motion.

The forms I need are not on the state or city court websites. Does anyone have a clue?

These are the forms I could use at this point:
(1) Motion for dismissal (yes, I want to send another one)
(2) Request for discovery from the prosecutor
(3) Request that the judge permit the use of personal video equipment during proceedings
(4) I would also like to know when and how I may request for a jury trial, should that appear to be beneficial (and I'm thinking it just might).

Thank you all very much.
Regards,
Aldstan

[Mr. Knowitall]

Read this.

[blewis]

Jury trial? That's funny! Perhaps you skipped over this (and, yes, it's been upheld by the WA Supreme Court):

(1) A hearing held for the purpose of contesting the determination that an infraction has been committed shall be without a jury.

What do you want to request through discovery? If yours is like other photo tickets I've seen, the NOI contains a statement by an officer stating that he/she reviewed the video, which clearly showed your infraction, and that there is probable cause to believe you did, indeed, commit the infraction. It also contained a photo of your license plate and a link to where you can view the video. There is NOTHING else you are entitled to.

For video evidence, call the Clerk of the Court and talk with them about it. Some courts simply require verbal advance notice, others require a formal, written notice.

Barry

[Aldstan]

Hmm, yes I did miss the law that says there shall be no jury trial for infractions. So what is a citizen to do to get a fair trial? There seems to be not one aspect of this process that is in place to protect the citizen from molestation. Clearly both the prosecutor AND the judge represent the city. They even told me that it WAS a court of record, and I found out what they meant by that: there's a video camera in the court room. If I want a stenographer to be present I have to hire one out of my own pocket. but I won't bother ranting among those who've ranted longer, besides there's no time.

I still believe I can win, and I think I ought to at least attempt to ask for some type of discovery, even if the only reason is that it might pester them and make an extra five minutes of work for the prosecutor. After all, even if I lose, the more I make them work for it, the more it costs them to prosecute me. If only we could all make it so unprofitable for them to rob us, they'd eventually have to admit that it isn't worth their time.

Thanks for the information.
Regards,
Aldstan