Discovery Request Delivery Not Made - Certified Mail Used

[killoda]

My question involves traffic court in the State of: Washington

Per my reading on this forum, I used the form provided to request discovery, I sent two copies via certified mail - one copy to the court and another copy to the prosecutor's office. I have received a return receipt containing successful delivery for the copy sent to the court.

Regarding the one sent to the prosecutor's office: All I have to go by is information provided online by USPS. We mailed on a Monday 15 days in advance of the trial date. Today is Friday, five days later and so far delivery has been unsuccessful. Delivery was on attempted on Tuesday and a notice was left with the prosecutor's office that an attempt was made. Wed was a holiday. Thu was no change. Today the online tracking says it is still undelivered and it is waiting for the addressee (prosecutor) to reschedule delivery or pick up the certified letter (the discovery request) from the post office.

So: Do I sit around and hope that this process is unsuccessful so I can move for dismisal of my speeding ticket in court. Or...should I be sending a second request so I am not called out for not doing my due diligence?

Yes - the address for the prosecutor's office has been verified as correct.

I appreciate any insight provided.

David

[PTPD22]

I cannot imagine any reasonable reason for there to be nobody in the prosecutor's office to accept delivery of a certified letter (presuming that the prosecutor's office was open - which it should have been as neither Tuesday or Thursday were legal holidays). Likewise, I cannot imagine the court accepting an excuse from the prosecutor's office of "we did not receive the request in a timely manner" when the request was sent certified mail in a timely manner. They don't get a pass simply because nobody was manning the reception desk!

I would advise a "wait and see." If the prosecutor's office is able to hustle and get the discovery back to you in a timely manner, in accordance with court rules, then you have lost nothing. If they don't, then go to court and request a dismissal based on the prosecutor's failure to provide discovery. I don't believe that you can be held responsible for making further effort to get the request into the hands of someone at the prosecutor's office.

[killoda]

I will be extra clear so that I can the very best advice to the end of getting this case dismissed. I called the North Pacific District Court and received from the clerk the two addresses needed to send my discovery request. I received and used:

N. Pacific Dist Court, PO BOX 134, South Bend, WA
Pacific Prosecutor Office, PO BOX 45, South Bend WA

When I look online at the public website, I find:

N. Pacific Dist court, 300 Memorial Drive, PO BOX 134, South Bend, WA
Pacific Prosecutor Office, 300 Memorial Drive, PO BOX 45, South Bend, WA

I received proof of delivery for the court, so far delivery has not been made to the prosecutor's office. I think the addresses I used are in fact the proper mailing address and the extra bit in the second section is for driving instructions. Am I good with what I have done?

[Speedy Gonzalez]

This is why I hand deliver. I've always heard the way to solve the garbage problem in the USA is not to send it to land fills. It's to send it through the US Mail. The half they don't lose, they will destroy.

That said, I think you may be out of luck here. I am not sure that it falls on the prosecutor's office if the Post Office screws up and doesn't/can't deliver. But then again, they only have to prove they sent things to you, not that you ever received them. Hmm...

Brendan? Barry? What say you?

[Mr. Knowitall]

Once a party has appeared, you serve routine documents and pleadings by first class mail and you file a proof of service with the court. Certified mail is an unnecessary expense that gets in the way of actually documenting service. It's not the recipient's fault that unnecessary certification slows down the receipt of a document - it's the sender's. With enough unsuccessful attempts at service, your letter will be returned as undeliverable.

Using certified mail to send documents to a court is, on the whole, going to be a complete waste of money.

[BrendanjKeegan]

There is no other way to prove that the prosecutor's office received the discovery request than to send CRRR. And both party's have not appeared yet. But that said, even when there are two adversarial parties, they are ETHICALLY bound by the rules of ethics in their respective jurisdiction to deliver documents requested. If an atty says that it was sent, it was sent. If they were caught in their own lie, it could mean the end of their career. With that, they can send first class mail.

My thoughts on this? Well, if you didn't send next day mail, then you're kinda screwed and may as well ask for a continuance and hope for the best. I think you will get a continuance, no problem, if you ask for it. So that would be my first choice on Monday morning.

With that, the mailbox rule is judicially known as 3 days from the date the document was placed in first class mail. So, if you want to do it again, send it at least 17 days before your hearing date.