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  1. #1

    Default Request for Discovery

    Is the following example below what you would recomend to write in the letter for the request for discovery? This is for washington state. I heard the the court is so backed up that the never get around to fullfilling the request in a timely manner. Should the letter be made to the attention of the prosecuting attorney. Some one told me that only the proceecuting attorney can repond. If the clerk responds the evidance can not be used in court and the case is dismissed. Also when should I mail this letter. I was told that I should mail this as late as possible so that the court has less time to process. When do you recomend that I mail the letter. Also I will mail it certified with return reciept.


    Taken from
    http://www.fringeweb.com/ticket.html#step2

    Request for Discovery
    The most important part of your paperwork is the Discovery Request. Even if this is phrased in a manner consistent with the law (i.e. "requesting discovery"), the judge may throw out your request for submission of any evidence not turned over if you weren't explicit enough. (This is what happened to me. Legally, I met exactly the letter of the law, but the judge considered suppression extreme given the request, disregarding the IRLJ rules.)

    A good form for your discovery request may be:
    To: XXXX County District Court

    From: {Your full name and address}

    Re: {Ticket/case number - i.e. WSP 000000}

    I am requesting full discovery for the above case, including:

    * The front and back of the ticket
    * The full witness list
    * All sworn affidavits
    * All other evidence to be used by the prosecution

    {your signature}
    I can't guarantee that this will avoid the problem I ran into, but it should have a better shot than my less-specific (but still legally binding) request did.

    Send this request in at least 14 days before the trial date.

  2. #2
    Join Date
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    Default Re: Request for Discovery

    I must be missing something in your inquiry. If your list of items presented above is what you want to receive, then you would request those items.

  3. #3

    Default Re: Request for Discovery

    UPDATE: For anyone reading this don't follow the example in the tread above.

    Look at using a request like something below in the link.

    http://welcomehome.org/rainbow/nfs-r....discovery.htm

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